Chapter XXVI
THE WHISKEY INSURRECTION IN WESTERN PENNSYLVANIA--A GLANCE AT ITS PROGRESS--WASHINGTON'S PROCLAMATION--HIS OPINION OF THE INFLUENCE OF THE DEMOCRATIC SOCIETIES--A MILITARY FORCE CALLED OUT--THEIR LEADERS--PEACE COMMISSIONERS AND THE RESULT OF THEIR MISSION--WASHINGTON JOINS THE MILITARY AT CARLISLE--THE VETERAN MORGAN IN THE FIELD--HIS CORRESPONDENCE WITH WASHINGTON--INSURGENTS ALARMED--WASHINGTON AT FORT CUMBERLAND AND BEDFORD--LEE THE COMMANDER-IN-CHIEF OF THE ARMY--WASHINGTON RETURNS TO PHILADELPHIA--MARCH OF THE ARMY OVER THE MOUNTAINS--THE INSURRECTION QUELLED WITHOUT BLOODSHED.
While the inhabitants of Kentucky were talking of insurrection, those of some of the western counties of Pennsylvania actually lifted the arm of defiance against the general government. In August, 1794, acts were committed in opposition to the ministers of the law, which called for the interference of the powers of the federal executive, and the episode in our history known as "The Whiskey Insurrection" was inaugurated. Properly to understand its character, we must take a brief glance at its antecedents. Some of these have already been alluded to in our consideration of the revenue system of the new government.
Among other taxes recommended by Secretary Hamilton for the support of the government, and authorized by a bill reported in the house of representatives in January, 1791, was one upon domestic distilled spirits and distilleries. As whiskey was almost entirely a luxury, and not a necessity, it seemed a just subject for levying a duty upon. And the College of Physicians of Philadelphia advocated it as desirable both to the morals and bodily health of the people. The bill was passed and received Washington's signature. It imposed a tax of from nine to twenty-six cents a gallon upon spirits distilled from grain. Regulations for the collection of these duties were made and officers appointed to collect them. Opposition to the law manifested itself in various parts of the Union immediately after its passage, but nowhere so prominently as in Pennsylvania. In July, 1791, a public meeting on the subject was held at Red Stone (Brownsville), when it was arranged that county committees should be convened at the different shire towns of Alleghany, Fayette, Washington, and Westmoreland counties. In August, at a meeting of another committee already alluded to,[66] one of the resolutions adopted, as we have seen, declared, after condemning the law, that whosoever should accept office under it should be considered an enemy to his country, should be treated with contempt, and all intercourse with him be dissolved. These resolutions were published in a Pittsburgh paper and produced a feverish excitement.
Early in September another meeting was held in Pittsburgh. Twelve delegates were present, and many complaints against the government, in connection with the excise law, were recited. They adopted a representation to Congress, and a remonstrance to the legislature of Pennsylvania, against the excise on whiskey. Not long after this, a collector of the revenue for two of the counties before-named was seized, tarred and feathered, and deprived of his horse, by some armed men in disguise. The perpetrators were known, however, and processes were issued against them from the district court of Pennsylvania; but the public feeling was so strongly against the law, west of the Alleghany mountains, that, as a marshal to whom the writ was committed for execution said, "any attempt to serve it would have occasioned the most violent opposition from a greater portion of the inhabitants;" and he declared that if he had attempted it, he believed he would not have returned alive.
The resistance to law now assumed most alarming aspects. The meetings, said Secretary Hamilton in a report upon the subject, "composed of very influential persons, and conducted without moderation and prudence, were justly chargeable with the excesses which have from time to time been committed, serving to give consistency to an opposition, which had at length matured to a point that threatened the foundations of the government and the Union, unless speedily and effectually subdued."
The working of the federal government was then merely experimental, and those who had charge of the complicated and precious machine, and regarded it as the very ark of freedom, used its powers with wise caution. Therefore, while occasional outrages in connection with the excise laws were perpetrated, it was thought best to let coercive measures against the law-breakers remain untried, until at the next session of Congress some modifications of the law might be made to allay excitement.
In May, 1792, an act of Congress became a law which materially modified the provisions of the excise act. The duty on whiskey and stills was so reduced as to silence all complaints on that head. All serious objections to the old law were considered, and the act was so amended as to promise peace; but there were men of influence who would not accept these concessions, and they kept up the opposition excitement. The well-disposed citizens were intimidated by the violent ones of the opposition. In August, 1792, a meeting of the malcontents was held at Pittsburgh, at which resolutions were passed no less objectionable than those adopted the year before. After denouncing the tax on spirituous liquors, they concluded by declaring that they considered it their duty to "persist in remonstrances to Congress and every other legal measure that might obstruct the operations of the law." Almost daily outrages were committed, and three or four counties of western Pennsylvania assumed many of the features of openly rebellious communities. It was then that Washington, under the advice of Hamilton and others, issued his proclamation of September the sixteenth, 1792, warning all persons to desist from such unlawful combinations, et cetera.[67] Some legal steps were taken against the malcontents, but these and the proclamation were of little effect toward subduing the rebellious and quieting the excitement. The officers of the law were still defied, denounced, insulted, and abused.
At the next session of Congress (1792-'93) inefficient efforts were made to amend the excise laws. The forbearance of the federal government was construed by the ringleaders of the opposition as weakness, and they became more bold. Distillers who were willing to comply with the law were abused. Finally, the Congress passed an act, which became a law in 1794, calculated to strengthen the executive arm in enforcing obedience. This law made the opposition still more earnest and bold; and few men in the district of country where they exercised a sort of reign of terror dared openly to dissent from their views. So general was the combined influence of actual disaffection upon one portion of the community, and dread of the violence of the turbulent, among the others, that out of the family connection of General Neville, inspector of revenues, the employées of the government, and two others, there were none in Pittsburgh who dared to condemn these lawless proceedings, for fear of personal harm. Mails were robbed; Neville's house was twice attacked and finally burned by an armed party of lawless men; and preparations were made to seize Fort Fayette, in that region. Among the leaders of the insurgents was one Bradford, who, by common consent, appears to have assumed the position of commander-in-chief. At this time the insurrectionary spirit had spread into adjoining counties of Maryland and Virginia, and Bradford and his associate leaders issued a call for the assembling of the militia on Braddock's field, on the first of August, with arms and accoutrements, and provisions for four days. Within three days seven thousand men were assembled, some of them out of curiosity, but a greater part with the determination to follow, in resistance to the federal and state governments, wherever Bradford and others might lead.
It was Bradford's design to seize Fort Pitt and its arms and ammunition; but he found most of the militia officers unwilling to co-operate in such an overt act of treason. But they readily consented to the perpetration of outrages against excise officers, and the whole country in that region was governed, for the moment, by the combined powers of mobocracy and military despotism.
When intelligence of these proceedings reached the president, he called his cabinet into council. All regarded the movement as a critical one for the republic. The example of the insurgents in Pennsylvania might become infectious; for the Democratic societies, spread all over the land, while they professed to oppose and deprecate violence, openly denounced the excise laws, and, no doubt, secretly fomented rebellion against the federal government. It was agreed in the cabinet council that forbearance must now end, and the effective power of the executive be put forth to suppress the rising rebellion. Accordingly, on the seventh of August, Washington issued a proclamation warning the insurgents to disperse, and declaring, that if tranquillity should not be restored in the disturbed counties before the first of September, an armed force would be employed to compel submission to the laws.[68] At the same time the president made a requisition on the governors of New Jersey, Pennsylvania, Maryland, and Virginia, for militia sufficient to compose an army of twelve thousand men.
To the chief magistrate of the latter state, his friend and companion-in-arms, General Henry Lee, Washington wrote privately, from Germantown, on the twenty-sixth of August, and said, "It is with equal pride and satisfaction I add, that, as far as my information extends, this insurrection is viewed with universal indignation and abhorrence, except by those who have never missed an opportunity, by side-blows and otherwise, to attack the general government.... I consider this insurrection as the first formidable fruit of the Democratic societies, brought forth, I believe, too prematurely for their own views, which may contribute to the annihilation of them.
"That these societies were instituted by the artful and designing members (many of their body, I have no doubt, mean well, but know little of the real plan), primarily to sow among the people the seeds of jealousy and distrust of the government, by destroying all confidence in the administration of it, and that their doctrines have been budding and blowing ever since, is not new to any one who is acquainted with the character of their leaders and has been attentive to their manoeuvres. I early gave it as my opinion, to the confidential characters around me, that if these societies were not counteracted (not by prosecutions, the ready way to make them grow stronger), or did not fall into disesteem from the knowledge of their origin, and the views with which they had been instituted by their father, Genet, for purposes well known to the government, they would shake the government to its foundation. Time and circumstances have confirmed me in this opinion, and I deeply regret the probable consequences; not as they will effect me personally--for I have not long to act on this theatre, and sure I am that not a man amongst them can be more anxious to put me aside than I am to sink into the profoundest retirement--but because I see, under a display of popular and fascinating disguises, the most diabolical attempts to destroy the best fabric of human government and happiness that has ever been presented for the acceptance of mankind."
Washington's proclamation had very little effect in suppressing the lawless acts of the insurgents, and on the twenty-fifth of September he issued a second proclamation, in which he vividly described the perverse spirit in which the lenient propositions of the government had been met, and declared his determination to reduce the refractory and lawless men to obedience.[69]
The president now determined to act with vigor against the insurgents. He appointed Governor Lee, of Virginia, the commander-in-chief. General Mifflin, of Pennsylvania, was appointed his second in command. Governor Howell, of New Jersey, the third; and General Daniel Morgan, the veteran leader of the riflemen in the War for Independence, the fourth. General Hand, of Pennsylvania, was appointed adjutant-general.
From the best information that the president could obtain, it was supposed that there were in the rebellious counties about sixteen thousand men capable of bearing arms, and that at least seven thousand of them might be brought into the field. It was therefore resolved to employ a sufficient force at once to put down all opposition. The number of militia first called for was twelve thousand; it was subsequently increased to fifteen thousand. The place of rendezvous appointed for the New Jersey troops under Howell, and the Pennsylvanians under Mifflin, was Bedford, in Pennsylvania. Those from Virginia and Maryland--the former under General Morgan, and the latter under General Smith, the hero of Fort Mifflin in 1777, and now the Baltimore member of Congress--assembled at Cumberland, on the Potomac. The latter formed the left wing of the gathering army, and were directed to march across the mountains by Braddock's road. Those under Mifflin and Howell composed the right wing, and were ordered to cross the mountains by the more northern route, over which Forbes and his army crossed in 1758.
These martial preparations were made after every peaceful effort had been exhausted. As we have observed, the president had issued two proclamations before ordering the militia into the field. He had also, at the time of issuing the first proclamation, appointed three federal commissioners--Senator Ross, Mr. Bradford, the attorney-general, and Yates, a judge of the supreme court of Pennsylvania--to visit the insurgent counties, with discretionary powers to arrange, if possible, prior to the fourteenth of September, an effectual submission to the laws, offering lenient terms to the offenders. These were joined by Chief-Justice M'Kean and General Irvine, commissioners appointed by the state of Pennsylvania. At the same time, Governor Mifflin issued two proclamations--one calling the Pennsylvania legislature together; the other requiring submission on the part of the rioters, and announcing his determination to obey the president's call for militia.
These commissioners had crossed the mountains together, and at Parkinson's ferry they found representatives from almost every town of four insurgent counties, two hundred in number, assembled in convention, having Judge Cook, of Fayette county, for their president, and Albert Gallatin, afterward a distinguished officer of the federal government, for their secretary. The business was in charge of a vigilance committee of sixty. Near the place of meeting, which was upon a commanding eminence under the shade of trees, stood a liberty-pole, bearing a placard with the words, "Liberty and no excise! No asylum for cowards and traitors!"
The vigilance committee appointed a sub-committee of fifteen to confer with the state and federal commissioners. On that committee were, Bradford, the chief leader of the insurgents, Gallatin, Cook, Marshall, and Brackenridge, the latter a young and ambitious lawyer of Pittsburgh. All of these, except Bradford, perceiving the dangers with which they were surrounded, were favorable to submission. Bradford's voice was for war, and the organization of a separate and independent state west of the mountains. This committee declared the propositions of the commissioners to be reasonable, and to the town organizations the whole matter of submission was referred. These generally refused compliance. The federal commissioners returned to Philadelphia and reported the virtual failure of their mission. Then it was that the president issued his proclamation of the twenty-fifth of September, and prepared to use coercive measures.
Washington determined to lead the army in person against the insurgents, if it should appear to be expedient. He accordingly left Philadelphia at the beginning of October, accompanied by the secretary of war, whose department was left in charge of Hamilton, the secretary of the treasury. Just before he left, the president received a letter from the venerable Morgan, written at Winchester on the twenty-fourth of September. "I am sorry to understand," wrote the brave old rifleman, "the difficulty experienced in the state of Pennsylvania to raise the quota of men to suppress that horrid insurrection on their frontiers.[70] The state of Virginia seems to be unanimous and determined to suppress it; and it is my opinion that we shall, in a very few days, have men enough to do that business. For my part, I wish I was at Morgantown at this time with two thousand men, which would be as many as I could ask, with what would join me at this place, to bring these people to order.... I wish an accommodation may not be patched up with these rioters, under an apprehension of not getting troops to suppress them. Virginia could, and would, furnish an army sufficient for that purpose.... I don't wish to spill the blood of a citizen; but I wish to march against these people, to show them our determination to bring them to order, and to support the laws. I took the liberty to write you this, lest your intelligence might not be so good, or that this might throw some light, or be of some service."
This letter, from his old companion-in-arms, was only one of many of similar tone that Washington received at that time. Coming from such an esteemed veteran (with whom was the president's favorite nephew, Lawrence Lewis, as aid-de-camp), it was peculiarly grateful to Washington, and he responded in earnest tone, from Carlisle, on the eighth of October. "Although I regret the occasion," he said, "which has called you into the field, I rejoice to hear you are there, and because it is probable I may meet you at Fort Cumberland, whither I shall proceed as soon as I see the troops at this rendezvous in condition to advance. At that place, or at Bedford, my ulterior resolution must be taken, either to advance with the troops into the insurgent counties of this state, or to return to Philadelphia, for the purpose of meeting Congress, the third of next month. Imperious circumstances alone can justify my absence from the seat of government whilst Congress is in session; but if these, from the disposition of the people in the refractory counties and the state of the information I expect to receive at the advanced posts, should appear to exist, the lesser must yield to the greater duties of my office, and I shall cross the mountains with the troops; if not, I shall place the command of the combined troops under the orders of Governor Lee, of Virginia, and repair to the seat of government."
In a private letter to Randolph, the secretary of state, on the following day, the president said, "The insurgents are alarmed, but not yet brought to their proper senses. Every means is devised by themselves and their associates to induce a belief that there is no necessity for troops crossing the mountains; although we have information, at the same time, that part of the people there are obliged to embody themselves to repel the insults of another part."
The Pennsylvania troops moved forward from Carlisle on the tenth of October, and Washington proceeded to Fort Cumberland, the place of rendezvous for the Maryland and Virginia troops, where he arrived on the sixteenth. Quite a large number were already there, and fifteen hundred more from Virginia were near at hand. There Washington received such information as convinced him that the spirits of the insurgents were broken, and that the greatest alarm prevailed in their ranks. He hastened on to Bedford, thirty miles distant, and there this intelligence was confirmed. Satisfied that his presence would be no longer needed with the army, he arranged a plan of operations against the insurgents, and prepared to return to Philadelphia; "but not," he said in a letter to Randolph, "because the impertinence of Mr. Bache [editor of the "General Advertiser," the opposition paper] or his correspondent has undertaken to pronounce that I can not constitutionally command the army whilst Congress are in session."
The command of the army was left with Governor Lee. On the twentieth of October he received from Washington his instructions, drawn by Hamilton, with a letter from the president's own hand, in which he said, "I can not take my departure without conveying to you, through the army under your command, the very high sense I entertain of the enlightened and patriotic zeal for the constitution and the laws, which has led them cheerfully to quit their families, homes, and the comforts of private life, to undertake, and thus far to perform, a long and fatiguing march, and to encounter and endure the hardships and privations of a military life.... No citizens of the United States can ever be engaged in a service more important to their country. It is nothing less than to consolidate and to preserve the blessings of that Revolution which, at much expense of blood and treasure, constituted us a free and independent nation. It is to give the world an illustrious example, of the utmost consequence to the cause of mankind." Then cautioning the troops against committing the least infraction of the laws, or trenching upon the functions of the civil authorities, he thanked them for the readiness with which they had seconded him "in the most delicate and momentous duty the chief magistrate of a free people can have to perform."
Hamilton remained with the army as the president's civil representative; also the secretary of war; and Washington hastened back to Philadelphia, where he arrived on the twenty-sixth of October. The troops crossed the Alleghany mountains in a heavy rain, marching sometimes in mud up to their knees. The two wings formed a junction at Uniontown; and as they advanced into the insurgent country, all signs of rebellion disappeared. The leaders fled, and all upon whom rested the eye of suspicion quailed in its glance and hastened to make excuses. Early in November, Lee issued a proclamation, confirming an amnesty that had been offered to those entitled to it, and calling upon all of the inhabitants to take the oath of allegiance to the United States. Many arrests were soon afterward made. A large number were dismissed at once because of a want of evidence against them; others were bound over to keep the peace; and a few were sent to Philadelphia for trial.[71] Two only were convicted of capital offences--one of arson, the other of robbing the mails--and these, because of palliating circumstances, were finally pardoned by the president. Most of the troops were speedily withdrawn from the disaffected counties and dismissed; but a body of twenty-five hundred, under General Morgan, remained encamped in the district through the winter.
Thus terminated a rebellion, that at one time threatened the very existence of the Union, without the shedding of a drop of blood. This result was owing chiefly to the wisdom, prudence, energy, and personal popularity of Washington; and that which appeared so ominous of evil was overruled for the production of good. The government was amazingly strengthened by the event. The federal authority was fully vindicated; and the general rally in its support when the chief sounded his bugle-call, even of those who had hitherto leaned toward the opposition, was a significant omen of future stability and power. Every honest man expressed his reprobation of the violent resistance to law; and the democratic societies, the chief fomenters of the insurrection, showed symptoms of a desire to be less conspicuous. Hamilton, who had always distrusted the strength of the government in such an emergency, was now perfectly convinced of its inherent power; and both he and Washington regarded the affair as a fortunate circumstance for the nation.
In relation to this event and its effects, Washington, in a letter to Mr. Jay, written soon after his return to Philadelphia from the different rendezvous of the troops, said that the subject would be represented differently according to the wishes of some and the prejudices of others, who might exhibit it as an evidence of what had been predicted, namely, that the people of the new republic were unable to govern themselves. "Under this view of the subject," he said, "I am happy in giving it to you as the general opinion that this event having happened at the time it did was fortunate, although it will be attended with considerable expense.
"That the self-created societies," he continued, "which have spread themselves over this country have been laboring incessantly to sow the seeds of distrust, jealousy, and of course discontent, thereby hoping to effect some revolution in the government, is not unknown to you. That they have been the fomenters of the western disturbances, admits of no doubt in the mind of any one who will examine their conduct; but, fortunately, they precipitated a crisis for which they were not prepared, and thereby have unfolded views which will, I trust, effectuate their annihilation sooner than it might otherwise have happened; at the same time, that it has afforded an occasion for the people of this country to show their abhorrence of the result, and their attachment to the constitution and the laws; for I believe that five times the number of militia that was required would have come forward, if it had been necessary, in support of them.
"The spirit which blazed out on this occasion, as soon as the object was fully understood and the lenient measures of the government were made known to the people, deserves to be communicated. There are instances of general officers going at the head of a single troop, and of light companies; of field-officers, when they came to the places of rendezvous, and found no command for them in that grade, turning into the ranks, and proceeding as private soldiers, under their own captains; and of numbers, possessing the first fortunes in the country, standing in the ranks of private men, and marching day by day with their knapsacks and haversacks at their backs, sleeping on straw with a single blanket in a soldier's tent, during the frosty nights which we have had, by way of example to others. Nay, more; many young Quakers of the first families, character, and property, not discouraged by the elders, have turned into the ranks and are marching with the troops.
"These things have terrified the insurgents, who had no conception that such a spirit prevailed; but, while the thunder only rumbled at a distance, were boasting of their strength, and wishing for and threatening the militia by turns, intimating that the arms they should take from them would soon become a magazine in their hands. Their language is much changed indeed, but their principles want correction.
"I shall be more prolix in my speech to Congress on the commencement and progress of this insurrection than is usual in such an instrument, or than I should have been on any other occasion; but as numbers at home and abroad will hear of the insurrection, and will read the speech, that may know nothing of the documents to which it might refer, I conceived it would be better to encounter the charge of prolixity by giving a cursory detail of facts, that would show the prominent features of the thing, than to let it go naked into the world, to be dressed up according to the fancy or inclination of the readers, or the policy of our enemies."[72]
FOOTNOTES:
[66] Page 216
[67] See page 216.
[68] The following is a copy of the proclamation. Its preamble contains such a complete summary of the causes which called forth the proclamation, that we give the document entire:--
"Whereas, combinations to defeat the execution of the laws laying duties upon spirits distilled within the United States, and upon stills, have, from the time of the commencement of those laws, existed in some of the western parts of Pennsylvania: and whereas, the said combinations, proceeding in a manner subversive equally of the just authority of government and of the rights of individuals, have hitherto effected their dangerous and criminal purpose by the influence of certain irregular meetings, whose proceedings have tended to encourage and uphold the spirit of opposition by misrepresentations of the laws calculated to render them odious; by endeavors to deter those who might be so disposed from accepting offices under them through fear of public resentments and of injury to person and property, and to compel those who had accepted such offices by actual violence to surrender or forbear the execution of them; by circulating vindictive measures against all who should otherwise, directly or indirectly, aid in the execution of the said laws, or who, yielding to the dictates of conscience and to a sense of obligation, should themselves comply therewith; by actually injuring and destroying the property of persons who were understood to have so complied; by inflicting cruel, humiliating punishments upon private citizens, for no other cause than that of appearing to be the friends of the laws; by interrupting the public officers on the highways, abusing, assaulting, and otherwise ill-treating them; by going to their houses in the night, gaining admittance by force, taking away their papers, and committing other outrages; employing for these unwarrantable purposes the agency of armed banditti, disguised in such a manner as for the most part to escape discovery: and whereas, the endeavors of the legislature to obviate objections to the said laws, by lowering the duties and by other alterations conducive to the convenience of those whom they immediately affected (though they have given satisfaction in other quarters), and the endeavors of the executive officers to conciliate a compliance with the laws, by expostulation, by forbearance, and even by recommendations founded on the suggestion of local considerations, have been disappointed of their effect by the machinations of persons whose industry to excite resistance has increased with the appearance of a disposition among the people to relax in their opposition and to acquiesce in the laws; insomuch that many persons in the said western parts of Pennsylvania have at length been hardy enough to perpetrate acts which I am advised amount to treason, being overt acts of levying war against the United States; the said persons having, on the sixteenth and seventeenth of July last, proceeded in arms (on the second day amounting to several hundred) to the house of John Neville, inspector of the revenues for the fourth survey of the districts of Pennsylvania--having repeatedly attacked the said house with the persons therein, wounding some of them; having seized David Lenox, marshal of the district of Pennsylvania, who previously thereto had been fired upon while in the execution of his duty by a party of men, detaining him for some time prisoner, till for the preservation of his life and obtaining of his liberty he found it necessary to enter into stipulations to forbear the execution of certain official duties, touching processes issuing out of the court of the United States; and having finally obliged the said inspector of the revenue and the marshal, from considerations of personal safety, to fly from this part of the country, in order, by a circuitous route, to proceed to the seat of government, avowing as the motives of these outrageous proceedings an intention to prevent by force of arms the execution of the said laws, to oblige the said inspector of the revenues to renounce his office, to withstand by open violence the lawful authority of the government of the United States, and to compel thereby an alteration in the measures of the legislature, and a repeal of the laws aforesaid: and whereas, by a law of the United States entitled, 'An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions,' it is enacted, 'that whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by that act, the same being notified by an associate justice or the district judges, it shall be lawful for the president of the United States to call forth the militia of said state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse or shall be insufficient to suppress the same, it shall be lawful for the president, if the legislature of the United States shall not be in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto as may be necessary; and the use of the militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session; Provided always, that whenever it may be necessary in the judgment of the president to use the military force hereby directed to be called forth, the president shall forthwith, and previous thereto, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes within a limited time:' and whereas, James Wilson, an associate justice, on the fourth instant, by writing under his hand, did, from evidence which had been laid before him, notify to me that 'in the counties of Washington and Alleghany, in Pennsylvania, the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshal of that district:'
"And whereas, it is in my judgment necessary, under the circumstances of the case, to take measures for calling forth the militia in order to suppress the combination aforesaid, and to cause the laws to be duly executed; and I have accordingly determined so to do, feeling the deepest regret for the occasion, but withal the most solemn conviction that the essential interests of the Union demand it, that the very existence of government and the fundamental principles of social order are materially involved in the issue, and that the patriotism and firmness of all good citizens are seriously called upon as occasion may require, to aid in the effectual suppression of so fatal a spirit:
"Wherefore, and in pursuance of the provision above recited, I, George Washington, president of the United States, do hereby command all persons, being insurgents as aforesaid, and all others whom it may concern, on or before the first day of September next, to disperse and return peaceably to their respective abodes. And I do moreover warn all persons whomsoever against aiding, abetting, or comforting, the perpetrators of the aforesaid treasonable acts; and do require all officers, and other citizens, according to their respective duties and the law of the land, to exert their utmost endeavors to prevent and suppress such dangerous proceedings.
"In testimony whereof, I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. Done at the city of Philadelphia, the seventh day of August, one thousand seven hundred and ninety-four, and of the independence of the United States of America the nineteenth. GEORGE WASHINGTON"
[69] The following is a copy of the second proclamation:--
"Whereas, from a hope that the combination against the constitution and laws of the United States, in certain of the western counties of Pennsylvania, would yield to time and reflection, I thought it sufficient, in the first instance, rather to take measures for calling forth the militia than immediately to embody them; but the moment is now come when the overtures of forgiveness, with no other condition than a submission to law, have been only partially accepted; when every form of conciliation not inconsistent with the being of government has been adopted without effect; when the well-disposed in those counties are unable by their influence and example to reclaim the wicked from their fury, and are compelled to associate in their own defence; when the proffered lenity has been perversely misinterpreted into an apprehension that the citizens will march with reluctance; when the opportunity of examining the serious consequences of a treasonable opposition has been employed in propagating principles of anarchy, endeavoring through emissaries to alienate the friends of order from its support, and inviting its enemies to perpetrate similar acts of insurrection; when it is manifest that violence would continue to be exercised upon every attempt to enforce the laws; when, therefore, government is set at defiance, the contest being whether a small portion of the United States shall dictate to the whole Union, and, at the expense of those who desire peace, indulge a desperate ambition:
"Now, therefore, I, George Washington, president of the United States, in obedience to that high and irresistible duty consigned to me by the constitution 'to take care that the laws be faithfully executed,' deploring that the American name should be sullied by the outrages of citizens on their own government, commiserating such as remain obstinate from delusion, but resolved, in perfect reliance on that gracious Providence which so signally displays its goodness toward this country, to reduce the refractory to a due subordination to the laws, do hereby declare and make known, with a satisfaction which can be equalled only by the merits of the militia summoned into service from the states of New Jersey, Pennsylvania, Maryland, and Virginia, that I have received intelligence of their patriotic alacrity in obeying the call of the present, though painful, yet commanding necessity; that a force, which according to every reasonable expectation is adequate to the exigency, is already in motion to the scene of disaffection; that those who shall have confided or shall confide in the protection of government shall meet full succor under the standard and from the arms of the United States; that those who, having offended against the laws, have since entitled themselves to indemnity, will be treated with the most liberal good faith, if they shall not have forfeited their claim by any subsequent conduct, and that instructions are given accordingly.
"And I do moreover exhort all individuals, officers, and bodies of men, to contemplate with abhorrence the measures leading, directly or indirectly, to those crimes which produce this resort to military coercion; to check, in their respective spheres, the efforts of misguided or designing men to substitute their misrepresentation in the place of truth, and their discontents in the place of stable government; and to call to mind, that as the people of the United States have been permitted, under the Divine favor, in perfect freedom, after solemn deliberation, and in an enlightened age, to elect their own government, so will their gratitude for this inestimable blessing be best distinguished by firm exertion to maintain the constitution and the laws.
"And, lastly, I again warn all persons whomsoever and wheresoever, not to abet, aid or comfort the insurgents aforesaid, as they will answer the contrary at their peril; and I do also require all officers and other citizens, as far as may be in their power, to bring under the cognizance of the laws all offenders in the premises.
"In testimony whereof, I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. Done at the city of Philadelphia, the twenty-fifth day of September, one thousand seven hundred and ninety-four, and of the independence of the United States of America the nineteenth. GEORGE WASHINGTON."
[70] When the use of military force was first suggested, Randolph, the secretary of state, expressed his fears that such a measure would bring on a general collision that might destroy the Union. Governor Mifflin partook of this fear. "The Pennsylvanians," says Hildreth, "at first, were rather backward, and a draft ordered by Mifflin seemed likely--by reason, it was said, of defects in the militia laws--to prove a failure. But the legislature, on coming together, having first denounced the insurgents in strong terms, to save the delays attendant on drafting, authorized the government to accept volunteers, to whom a bounty was offered. As if to make up for his former hesitation, and with a military sensibility to the disgrace of failing to meet the requisition, Mifflin, in a tour through the lower counties, as in several cases during the Revolutionary struggle, by the influence of his extraordinary popular eloquence, soon caused the ranks to be filled up. As a further stimulus, subscriptions were opened to support the wives and children of the volunteers during their absence,"--History of the United States, second series, i, 570.
[71] Among these was Herman Husbands, then a very old man, who had figured conspicuously in the revolutionary movement in North Carolina, previous to the War for Independence, known as the Regulator war. He was arrested on suspicion of being an active fomenter of the insurrection. This, however, seems not to have been the case, "I know that his sentiments were always in favor of the excise law," wrote a friend of Husbands to the president, "and that he did all that he could to prevent the people of the western counties from opposing the execution of the law; and I know he is a good friend of liberty and his country." Husbands was released, at about the first of January, 1795.
[72] Washington was so impressed with the sense of danger to be apprehended by the Democratic Societies, that he contemplated making them a topic in his forthcoming annual message to Congress. In a letter to the secretary of state, written at Fort Cumberland on the sixteenth of October, he said, "My mind is so perfectly convinced, that if these self-created societies can not be discontinued they will destroy the government of this country, that I have asked myself, while I have been revolving on the expense and inconvenience of drawing so many men from their families and occupations as I have seen on their march, where would be the impropriety of glancing at them in my speech, by some such idea as the following: 'That, however distressing this expedition will have proved to individuals, and expensive to the country, the pleasing spirit which it has drawn forth in support of law and government will immortalize the American character, and is a happy presage that future attempts, of a certain description of people, to disturb the public tranquillity will prove equally abortive.'"
Mr. Randolph, though a democrat, was favorable to some such expression of sentiment regarding these societies. In a letter, to which the president's was a response, he had intimated the propriety of taking advantage of the prevailing reprobation of the insurrection, to put down those societies. "They may now, I believe, be crushed," he said. "The prospect ought not to be lost." Washington did allude to them in his annual message, as we shall observe presently.
Chapter XXVII
MEETING OF CONGRESS--WASHINGTON'S MESSAGE--HIS VIEWS OF THE WHISKEY INSURRECTION--DENUNCIATION OF THE DEMOCRATIC SOCIETIES--DEBATES IN CONGRESS ON THE SUBJECT--WEAKNESS OF THE OPPOSITION--JEFFERSON'S ANGRY LETTER TO MADISON--DECLINE OF THE DEMOCRATIC SOCIETIES--WAYNE'S SUCCESS--END OF THE INDIAN WAR--HAMILTON AND KNOX RETIRE FROM OFFICE--CORRESPONDENCE BETWEEN THEM AND WASHINGTON--THEIR SUCCESSORS--CLOSE OF THE THIRD CONGRESS--A NATIONAL UNIVERSITY PROPOSED--WASHINGTON'S VIEWS--HIS DISPOSITION OF NAVIGATION COMPANIES' SHARES.
The members of Congress came tardily to the federal capital in the autumn of 1794; and it was not until the nineteenth of November, sixteen days after the time appointed for the commencement of the session, that they were ready to listen to the president's sixth annual message. As he had intimated to Mr. Jay that he should, Washington, in that message, dwelt at considerable length on the subject of the late insurrection, taking a complete outline survey of all the facts and circumstances, and drawing conclusions therefrom.
"While there is cause to lament," he said, "that occurrences of this nature should have disgraced the name, or interrupted the tranquillity, of any part of our community, or should have diverted to a new application any portion of the public resources, there are not wanting real and substantial consolations for the misfortune. It has demonstrated that our prosperity rests on solid foundations, by furnishing an additional proof that my fellow-citizens understand the true principles of government and liberty; that they feel their inseparable union; that, notwithstanding all the devices which have been used to sway them from their interest and duty, they are now as ready to maintain the authority of the laws against licentious invasions, as they were to defend their rights against usurpation. It has been a spectacle displaying to the highest advantage the value of republican government, to behold the most and the least wealthy of our citizens standing in the same ranks as private soldiers, pre-eminently distinguished by being the army of the constitution--undeterred by a march of three hundred miles over rugged mountains, by the approach of an inclement season, or by any other discouragement. Nor ought I to omit to acknowledge the efficacious and patriotic co-operations which I have experienced from the chief magistrates of the states to which my requisitions have been addressed.
"To every description of citizens, indeed, let praise be given. But let them persevere in their affectionate vigilance over that precious depository of American happiness, the constitution of the United States. Let them cherish it, too, for the sake of those who, from every clime, are daily seeking a dwelling in our land. And when, in the calm moments of reflection, they shall have traced the origin and progress of the insurrection, let them determine whether it has not been fomented by combinations of men, who, careless of consequences, and disregarding the unerring truth that those who rouse can not always appease a civil convulsion, have disseminated, from an ignorance or perversion of facts, suspicions, jealousies, and accusations of the whole government."
The boldness of Washington was conspicuous in thus officially denouncing the Democratic Societies, because he well knew that his words of severe reprobation would arouse their hottest resentment. But, conscious of his own integrity, and well assured of the support of all good men, he hesitated not a moment. Some democratic members of the senate, the most prominent of whom were Burr and Jackson, showed great ill feeling; but the majority in that body gave it their approval. In the lower house it created a good deal of angry altercation, for the opposition were powerful there. They exhibited their disapprobation on the first draft of their answer to the president's message, by passing the matter over in silence. To this draft an amendment was offered, reprobating the "self-created societies," which, "by deceiving and inflaming the ignorant and weak, may naturally be supposed to have stimulated the insurrection." It then denounced them as "institutions not strictly unlawful, yet not less fatal to good order and true liberty, and reprehensible in the degree that our system of government approaches to perfect political freedom."
It was this amendment that caused the debate. Those who opposed it did so cautiously, and exhibited their sense of the waning popularity of these societies, by taking care to disclaim their own personal connection with them. It was contended that the term "self-created societies" involved all voluntary associations whatever; that the right of censure was sacred; and that the societies would retort. Others contended that the question was not, whether the societies were legal, but whether they were mischievous. If they were so, the representatives of the people, presumed to be the guardians of the republic, ought to declare it, and not, by silence, give an implied contradiction to the president's statements.
A motion to strike out the words "self-constituted societies" elicited a warm debate. "It has been argued," said one of the members (Sedgwick) who traced the origin of these societies to Genet, "that to censure them might be construed into an attack on the freedom of public discussion. He was sorry," he said, "to see a disposition to confound freedom and licentiousness. Was there not an obvious distinction between a cool, dispassionate, honest, and candid discussion, and a false, wicked, seditious misrepresentation of public men and public measures? The former was within the province of freemen; it was, indeed, their duty; the latter was inconsistent with moral rectitude, and tended to the destruction of freedom and to the production of every evil that could afflict a community." The speaker then described the Democratic Societies as "self-created, without delegation or control, not emanating from the people, or responsible to them; not open in their deliberations; not admitting any but those of their own political opinions; permanent in their constitution, and of unlimited duration." These, he said, "modestly assumed the character of popular instructors, guardians of the people, guardians of the government. Every man in the administration who had assented to its acts they had loaded with every species of calumny--slanders--which they knew to be such. They had not even spared that character supposed to have been clothed with inviolability--not the paltry inviolability of constitutional proscription, but an inviolability infinitely more respectable, founded on the public gratitude, and resulting from disinterested and invaluable services."
The motion upon which this debate arose was finally carried in committee of the whole, but by a very small majority. The struggle was renewed when it was reported to the house. Finally, a compromise was effected by inserting in the address a declaration of great concern on the part of the house, "that any misrepresentations whatever of the government and its proceedings, either by individuals or combinations of men, should have been made, and so far have been credited as to foment the flagrant outrage which had been committed on the laws."
It was very evident, from the debates and the votes on this and other questions brought up by the president's message, that the government was growing stronger, and the opposition in Congress weaker. Jefferson, the father of the opposition, who had declared that his retiracy from the political world should be profound, was alarmed at these manifestations of the declining strength of his party, and he was moved to let his voice be heard once more. On the twenty-eighth of December he wrote to Madison, the republican leader in the lower house, an angry letter concerning the president's remarks about the "self-created societies," saying:--
"The denunciation of the Democratic Societies is one of the extraordinary acts of boldness of which we have seen so many from the faction of monocrats. It is wonderful indeed that the president should have permitted himself to be the organ of such an attack on the freedom of discussion, the freedom of writing, printing, and publishing." After making an ungenerous attack upon the Society of the Cincinnati, he proceeded: "I here put out of sight the persons whose misbehavior has been taken advantage of to slander the friends of popular rights; and I am happy to observe that, as far as the circle of my observation and information extends, everybody has lost sight of them, and views the abstract attempt on their natural and constitutional rights in all its nakedness. I have never heard, or heard of, a single expression or opinion which did not condemn it as an inexcusable aggression."
Then, in full sympathy with the whiskey insurrectionists, he said: "And with respect to the transactions against the excise law, it appears to me that you are all swept away in the torrent of governmental opinions, or that we do not know what these transactions have been. We know of none which, according to the definitions of the law, have been anything more than riotous. There was, indeed, a meeting to consult about a separation. But to consult on a question does not amount to a determination of that question in the affirmative, still less to the acting on such a determination; but we shall see, I suppose, what the court lawyers, and courtly judges, and would-be embassadors will make of it. The excise law is an infernal one. The first error was to admit it by the constitution; the second, to act on that admission; the third and last will be, to make it the instrument of dismembering the Union, and setting us all afloat to choose what part of it we will adhere to. The information of our militia returned from the westward is uniform, that though the people there let them pass quietly, they were objects of their laughter, not of their fear; that one thousand men could have cut off their whole force in a thousand places of the Alleghany; that their detestation of the excise law is universal, and has now associated to it a detestation of the government; and that separation, which perhaps was a very distant and problematical event, is now near, and certain, and determined in the mind of every man. I expected to have seen some justification of arming one part of society against another; of declaring a civil war the moment before the meeting of that body which has the sole right of declaring war; of being so patient of the kicks and scoffs of our enemies, and rising at a feather against our friends; of adding a million to the public debt, and deriding us with recommendations to pay it if we can."
But the medicines of most powerful friends could not cure the mortal malady that now afflicted the Democratic Societies. As it happened with Genet, their founder, so it now happened with these societies; the great mass of the people had learned to reprobate them. The denunciations of the president, co-operating with the downfall of the Jacobin clubs in France--kindred societies--soon produced their dissolution. Monroe, in an official despatch, had set in its true light the character of the Jacobin clubs, as interfering with the government; and in the United States, their confréres, the Democratic societies, soon sank into merited obscurity.
In his message, Washington announced that "the intelligence from the army under the command of General Wayne was a happy presage to military operations against the hostile Indians north of the Ohio." Wayne, as we have seen, had succeeded St. Clair after that veteran's unfortunate defeat in the autumn of 1791. He marched into the Indian country in 1793, and near the spot where St. Clair was surprised he built Fort Recovery. There he was attacked by the Indians at the close of June, 1794, but without receiving much damage. General Scott arrived there not long afterward from Kentucky, with eleven hundred volunteers, and then Wayne advanced to the confluence of the Maumee and Au Glaize rivers, "the grand emporium," as he called it, of the Indians. They fled precipitately; and there Wayne built a strong stockade, for the permanent occupation of that beautiful country, and called it Fort Defiance.
The main body of the Indians had retired down the Maumee about thirty miles, where they took a hostile attitude. With about three thousand men, Wayne marched against them, and near the present Maumee City he fought and defeated them, on the twentieth of August. He then laid waste their country, and the trading establishment of the British agent in their midst was burned. There seemed little doubt that he had stirred up the savages against the Americans.
Wayne fell back to Fort Defiance three days after the battle; and at the beginning of November, after a successful campaign of three months, during which time he had marched three hundred miles along a road cut by his own army, gained an important victory, driven the Indians from their principal settlement, and left a strong post in the heart of their country, he placed his army into winter-quarters at Greenville. The western tribes were humbled and disheartened; and early in August, the following year, their principal chiefs and United States' commissioners met at Greenville and made a treaty of peace. The Indians ceded to the United States a large tract of land in the present states of Michigan and Indiana, and for more than ten years afterward the government had very little trouble with the western savages.
In his message, Washington urged the adoption of some definite plan for the redemption of the public debt. "Nothing," he said, "can more promote the permanent welfare of the nation, and nothing would be more grateful to our constituents." At his request, Hamilton, the secretary of the treasury, prepared a plan, digested and arranged on the basis of the actual revenues for the further support of the public credit. It was one of the ablest state papers of the many that had proceeded from his pen during his official career. It was reported on the twentieth of January, 1795, and this was Hamilton's last official act. He had, on the first of December, immediately after his return from western Pennsylvania, addressed the following letter to the president:--
"I have the honor to inform you that I have fixed upon the last of January next, as the day for my resignation of my office of secretary of the treasury. I make this communication now, that there may be time to mature such an arrangement as shall appear to you proper to meet the vacancy when it occurs."
Mr. Hamilton resigned his office on the thirty-first of January. It was with deep regret, as in the case of Mr. Jefferson, that Washington found himself deprived of the services of so able an officer. "After so long an experience of your public services," he said in a note to Hamilton on the second of February, "I am naturally led, at this moment of your departure from office (which it has always been my wish to prevent), to review them. In every relation which you have borne to me, I have found that my confidence in your talents, exertions, and integrity, has been well placed. I the more freely render this testimony of my approbation, because I speak from opportunities of information which can not deceive me, and which furnish satisfactory proof of your title to public regard."
To this Hamilton replied on the following day, saying, "My particular acknowledgments are due for your very kind letter of yesterday. As often as I may recall the vexations I have endured, your approbation will be a great and precious consolation. It was not without a struggle that I yielded to the very urgent motives which compelled me to relinquish a station in which I could hope to be, in any degree, instrumental in promoting the success of an administration under your direction; a struggle which would have been far greater had I supposed that the prospect of future usefulness was proportioned to the sacrifices made."
Justice to a growing family was the chief cause of Hamilton's resignation. "The penurious provision made for those who filled the high executive departments in the American government," says Marshall, "excluded from a long continuance in office all those whose fortunes were moderate, and whose professional talents placed a decent independence within their reach. While slandered as the accumulator of thousands by illicit means, Colonel Hamilton had wasted in the public service great part of the property acquired by his previous labors, and had found himself compelled to decide on retiring from his political station."[73]
Oliver Wolcott, of Connecticut, who had been the federal comptroller under Hamilton for some time, was appointed to succeed that officer; and General Knox, who had offered his resignation as secretary of war at the close of the year, was succeeded by Timothy Pickering, who was at that time the postmaster-general. "After having served my country nearly twenty years," wrote Knox in his letter tendering his resignation on the twenty-eighth of December, "the greatest portion of which under your immediate auspices, it is with extreme reluctance that I find myself constrained to withdraw from so honorable a station. But the natural and powerful claims of a numerous family will no longer permit me to neglect their essential interests. In whatever situation I shall be, I shall recollect your confidence and kindness with all the fervor and purity of affection of which a grateful heart is susceptible."
Washington always loved Knox. His frankness and good nature, his eminent integrity and unswerving faithfulness in every period of his public career, endeared him to the president; and it was with sincere sorrow that he experienced the official separation. "The considerations which you have often suggested to me," Washington wrote in reply to Knox, "and which are repeated in your letter as requiring your departure from your present office, are such as to preclude the possibility of my urging your continuance in it. This being the case, I can only wish it was otherwise. I can not suffer you, however, to close your public service without uniting with the satisfaction which must arise in your own mind from a conscious rectitude, my most perfect persuasion that you have deserved well of your country. My personal knowledge of your exertions, whilst it authorizes me to hold this language, justifies the sincere friendship which I have ever borne for you, and which will accompany you in every situation in life."
The last session of the third Congress closed on the third of March, 1795. For a little while, Washington's mind was relieved in a degree from the pressure of political duties, and a matter of different but interesting nature occupied it at times. It will be remembered that the legislature of Virginia presented to Washington, as a testimony of their gratitude for his public services, fifty shares in the Potomac company, and one hundred shares in the James River company--corporations created for promoting internal navigation in Virginia--and that he accepted them with the understanding that he should not use them for his own private benefit, but apply them to some public purpose.
An opportunity for such application, that commended itself to Washington's judgment, had not occurred until this time, when a plan for the establishment of a university at the federal capital, on the Potomac, was talked of. "It has always been a source of serious reflection and sincere regret with me," he said in a letter to the commissioners of the federal city on the twenty-eighth of January, "that the youth of the United States should be sent to foreign countries for the purpose of education. Although there are doubtless many, under these circumstances, who escape the danger of contracting principles unfavorable to republican government, yet we ought to deprecate the hazard attending ardent and susceptible minds from being too strongly and too early prepossessed in favor of other political systems, before they are capable of appreciating their own.
"For this reason, I have greatly wished to see a plan adopted, by which the arts, sciences, and belles-lettres, could be taught in their fullest extent, thereby embracing all the advantages of European tuition, with the means of acquiring the liberal knowledge which is necessary to qualify our citizens for the exigencies of public as well as private life; and (which with me is a consideration of great magnitude) by assembling the youths from the different parts of this republic, contributing, from their intercourse and interchange of information, to the removal of prejudices, which might, perhaps, sometimes arise from local circumstances."
Washington then suggested the federal city as the most eligible place for such an institution; at the same time offering, in the event of the university being established upon a scale as extensive as he described, and the execution of it being commenced under favorable auspices in a reasonable time, to "grant in perpetuity fifty shares in the navigation of the Potomac river towards the endowment of it."
About four weeks after this, Washington received a letter from Mr. Jefferson, on the subject that had a bearing upon the disposition of his shares, the former having on some occasion asked the advice of the latter concerning the appropriation of them. Mr. Jefferson now informed Washington that the college at Geneva, in Switzerland, had been destroyed, and that Mr. D'Ivernois, a Genevan scholar who had written a history of his country, had proposed the transplanting of that college to America. It was proposed to have the professors of the college come over in a body, it being asserted that most of them spoke the English language well.
Jefferson was favorable to the establishment of the proposed new college within the state of Virginia; but Washington, with practical sagacity, concluded that it would not be wise to have two similar institutions. He preferred having one excellent institution, and that at the federal capital, and gave his reasons at length for his opinion, at the same time adding--after stating to Mr. Jefferson the fact that he had offered the fifty shares of the Potomac company to the commissioners--"My judgment and my wishes point equally strong to the application of the James River shares [one hundred] to the same object at the same place; but, considering the source from whence they were derived, I have, in a letter I am writing to the executive of Virginia on this subject, left the application of them to a seminary within the state, to be located by the legislature."
In his letter to Governor Brooke, above referred to, Washington said: "The time is come when a plan of universal education ought to be adopted in the United States. Not only do the exigencies of public life demand it, but, if it should be apprehended that prejudice would be entertained in one part of the Union against another, an efficacious remedy will be to assemble the youth from every part, under such circumstances as will, by the freedom of intercourse and collision of sentiment, give to their minds the direction of truth, philanthropy, and mutual conciliation." He then expressed his preference of the proposed university at the federal capital, as the object of his appropriation, but left the matter at the disposal of the legislature. That body, in resolutions, approved of his appropriation of the fifty shares in the Potomac company to the proposed university, and requested him to appropriate the hundred shares in the James River company "to a seminary at such place in the upper country, as he may deem most convenient to a majority of the inhabitants thereof."[74]
FOOTNOTES:
[73] Life of Washington, ii, 356
[74] See page 48 of this volume.
Chapter XXVIII
JAY'S MISSION TO ENGLAND--ITS SPECIFIC OBJECTS--HIS ARRIVAL IN LONDON--HIS JUDICIOUS CONDUCT THERE--DIFFICULTIES IN THE WAY OF NEGOTIATION--JAY'S ENCOURAGING LETTER TO WASHINGTON--HIS LETTER TO THE SECRETARY OF STATE--THE PROVISIONS OF THE TREATY--ITS RECEPTION BY WASHINGTON--HE KEEPS ITS PROVISIONS SECRET--OPPOSITION TO THE TREATY--MEETING OF THE SENATE--THE TREATY DISCUSSED AND ITS RATIFICATION RECOMMENDED--A SYNOPSIS OF ITS CONTENTS MADE PUBLIC.
Mr. Jay's mission to England had been from its inception a cause of much anxiety to Washington. Its object was beneficent and patriotic in the highest degree, and yet it had been opposed with the bitterest party spirit, and regarded with distrust even by friends of the administration, who had watched the ungenerous and despotic course of the British government toward the United States ever since the peace of 1783.
Mr. Jay's instructions contemplated three important objects to be obtained by treaty. These were, compensation for the losses sustained by American merchants in consequence of the orders in council; a settlement of all existing disputes in relation to the treaty of peace; and a commercial treaty. Great discretion was to be given to the envoy. He was to consider his instructions as recommendatory, not as peremptory. Only two restrictions were imposed upon him. One was, not to enter into any stipulation inconsistent with the existing engagements of the United States with France; the other was, not to conclude any commercial treaty that did not secure to the United States a direct trade in their own vessels, of certain defined burdens, with the British West India islands, in whatever articles were at present allowed to be carried in British bottoms.
Mr. Jay was fully impressed with the importance of his mission and the necessity of prompt action. He arrived at Falmouth on the evening of the eighth of June, and the same night he forwarded a letter to Lord Grenville, the secretary for foreign affairs, announcing his arrival. He reached London a few days afterward, took lodgings at the Royal Hotel, Pall Mall, and on the fifteenth addressed the following note to Lord Grenville:--
"MY LORD: You have doubtless received a letter which I had the honor of writing to you from Falmouth. I arrived here this morning. The journey has given me some health and much pleasure, nothing having occurred on the road to induce me to make it shorter.
"Colonel Trumbull does me the favor to accompany me as secretary; and I have brought with me a son, whom I am anxious should form a right estimate of whatever may be interesting to our country. Will you be so obliging, my lord, as to permit me to present them to you, and to inform me of the time when it will be most agreeable to your lordship that I should wait upon you, and assure you of the respect with which I have the honor to be, &c."
Mr. Jay's appearance in London was at a time when all Europe was in a state of the most feverish excitement. Robespierre and his bloody companions were revelling in all the wantonness of irresponsible power. The Reign of Terror was at its height, and the resentment against France by all true friends of freedom in Europe, and especially the British nation, was hot and uncompromising. England, supported by Russia, Austria, and Spain, was waging war against the revolutionists; and at the moment of Jay's arrival, the nation was madly rejoicing because of a splendid victory obtained by Lord Howe over the French fleet. The fact that a large party in the United States warmly sympathized with France, the late proceedings of Congress manifesting a disposition hostile to Great Britain, and the remaining soreness of wounded pride experienced by England in the loss of her colonies, combined with the stirring events then occurring in Europe, made the moment apparently inauspicious for a mission like that of Mr. Jay. It required, on the part of the minister, the exercise of the most discreet courtesy.
The views entertained by the two nations as to their rights and interests were so opposed, on several points, that reconciliation appeared almost impossible. The Americans complained that, contrary to express provisions of the treaty of 1783, a large number of negroes had been carried away by the evacuating British armies at the South, and for the losses thereby sustained by the owners compensation was demanded. The British contended that the claim in the treaty referred to did not apply to negroes who had been set at liberty in the course of the war, under proclamations of the British commanders; and as those carried away were all of that kind, no compensation should be allowed.
The Americans also complained of the continued occupancy of the western posts by British garrisons, and attributed the protracted hostility of the Indian tribes, to the influence of the British commanders there. They also alleged numerous invasions of their neutral rights, not only under the orders in council, issued as instructions to the commanders of British cruisers, but in the seizure of many vessels without sufficient warrant, and their condemnation by the local admiralty courts. They also complained of the impressment into the British service of seamen from on board American vessels, and the exclusion of American shipping from the trade to the British West Indies.
The British were unwilling to relinquish their right of impressment, as a means of manning their fleets at that important crisis; and they regarded the claim of the Americans to an equal participation in the West India trade as unreasonable, because it would require England to renounce the long-settled principles of her commercial system. The most important questions to be settled, and those which involved matters most dangerous to the peace between the two countries, were those of neutral rights and the occupancy of the western posts. Such in brief were the chief points in the controversy to be settled by treaty.
"By a deportment respectful yet firm," says Marshall, "mingling a decent deference for the government to which he was deputed, with a proper regard for the dignity of his own, this minister avoided those little asperities which frequently embarrass measures of great concern, and smoothed the way to the adoption of those which were suggested by the real interests of both nations."[75]
Mr. Jay found Lord Grenville commissioned by the king to treat with him, and the sincerity and candor of each soon led to the highest degree of mutual confidence. "Instead of adopting the usual wary but tedious mode of reducing every proposition to writing," says Mr. Jay's biographer,[76] "they conducted the negotiation chiefly by conferences, in which the parties frankly stated their several views, and suggested the way in which the objections to these views might be obviated. It was understood that neither party was to be committed by what passed in these conversations, but that the propositions made in them might be recalled or modified at pleasure. In this manner the two ministers speedily discovered on what points they could agree, where their views were irreconcilable, and on what principles a compromise might be effected."
While at Fort Cumberland, in October, Washington received a most gratifying letter from Mr. Jay, accompanied by despatches from Mr. Randolph, the secretary of state. They came by the Packet William Penn. Mr. Jay's letter was dated the fifth of August. Concerning the business of his mission he wrote as follows:--
"I am this moment returned from a long conference with Lord Grenville. Our prospects become more and more promising as we advance in the business. The compensation cases (as described in the answer) and the amount of damages will, I have reason to hope, be referred to the decision of commissioners, mutually to be appointed by the two governments, and the money paid without delay on their certificates, and the business closed as speedily as may be possible. The question of admitting our vessels into the islands under certain limitations is under consideration, and will soon be decided. A treaty of commerce is on the carpet. All things being agreed, the posts will be included. They contend that the article about the negroes does not extend to those who came in on their proclamations, to whom (being vested with the property in them by the right of war) they gave freedom, but only to those who were, bona fide, the property of Americans when the war ceased. They will, I think, insist that British debts, so far as injured by lawful impediments, should be repaired by the United States by decision of mutual commissioners. These things have passed in conversation, but no commitments on either side, and not to have any official weight or use whatever.
"The king observed to me, the other day, 'Well, sir, I imagine you begin to see that your mission will probably be successful.'--'I am happy, may it please your majesty, to find that you entertain that idea.'--'Well, but don't you perceive that it is like to be so?'--'There are some recent circumstances (the answer to my representation, etc.) which induce me to flatter myself that it will be so.' He nodded with a smile, signifying that it was to those circumstances that he alluded. The conversation then turned to indifferent topics. This was at the drawing-room.
"I have never been more unceasingly employed than I have been for some time past and still am; I hope for good, but God only knows. The William Penn sails in the morning. I write these few lines in haste, to let you see that the business is going on as fast as can reasonably be expected, and that it is very important that peace and quiet should be preserved for the present. On hearing last night that one of our Indiamen had been carried into Halifax, I mentioned it to Lord Grenville. He will write immediately by the packet on the subject. Indeed, I believe they are endeavoring to restore a proper conduct toward us everywhere; but it will take some time before the effects will be visible. I write all this to you in confidence, and for your own private satisfaction. I have not time to explain my reasons, but they are cogent. I could fill some sheets with interesting communications if I had leisure, but other matters press, and must not be postponed; for 'there is a tide in the affairs of men,' of which every moment is precious. Whatever may be the issue, nothing in my power to insure success shall be neglected or delayed."[77]
To Mr. Randolph he wrote: "I shall persevere in my endeavors to acquire the confidence and esteem of this government--not by improper compliances, but by that sincerity, candor, truth, and prudence, which, in my opinion, will always prove to be more wise and more effectual than finesse and chicane. Formal discussions of disputed points should, in my judgment, be postponed until the case becomes desperate; my present object is to accommodate, rather than to convert or convince. Men who sign their names to arguments seldom retract. If, however, my present plan should fail, I shall then prepare and present such formal, and at the same time such temperate and firm, representations as may be necessary to place the claims and conduct of the two governments in their proper point of view."
A treaty was finally signed at London, on the nineteenth of November, 1794, by Mr. Jay and Lord Grenville, and submitted to their respective governments for ratification. It was defective in some parts and objectionable in others; but, as it was the best that could be obtained, Mr. Jay was induced to sign it.
In a private letter to Washington, written on the same day that he signed the treaty, Mr. Jay said, "To do more was impossible. I ought not to conceal from you," he added, "that the confidence reposed in your personal character was visible and useful throughout the negotiation." To the secretary of state he wrote:--
"The long-expected treaty accompanies this letter. The difficulties which retarded its accomplishment frequently had the appearance of being insurmountable. They have at last yielded to modifications of the articles in which they existed, and to that mutual disposition to agreement which reconciled Lord Grenville and myself to an unusual degree of trouble and application. They who have levelled uneven ground know how little of the work afterward appears.
"Since the building is finished, it can not be very important to describe the scaffolding, nor to go into all the details which respected the business. My opinion of the treaty is apparent from my having signed it. I have no reason to believe or conjecture that one more favorable to us is attainable."
This treaty provided for the establishment of three boards of commissioners; one to determine the eastern boundary of the United States, by deciding which was the river St. Croix named in the treaty of peace in 1783; another to ascertain the amount of losses which British subjects had experienced in consequence of legal impediments to the recovery of debts due them by citizens of the United States, contracted before the Revolution--such amount, on their report being made, to be paid by the government of the United States; and a third to estimate the losses sustained by American citizens in consequence of irregular and illegal captures by British cruisers, for which the sufferers had no adequate remedy in suits of law--such losses to be paid by the British government.
It was provided that the western posts should be given up to the United States on the first of June, 1796, in consideration of the adjustment of the ante-revolutionary debts, the then residents in their respective neighborhoods having the option of remaining, or of becoming American citizens. The important Indian traffic in the interior was left open to both nations, by a mutual reciprocity of inland trade and free intercourse between the North American territories of the two nations, including the navigation of the Mississippi. The British were to be allowed to enter all American harbors, with the right to ascend all rivers to the highest port of entry. This reciprocity did not extend to the possessions of the Hudson's Bay company, nor to the admission of American vessels into the harbors of the British North American colonies, nor to the navigation of the rivers of those colonies below the highest port of entry.
It was stipulated that the subjects or citizens of one government, holding lands in the dominions of the other government, should continue to hold them without alienage; nor, in the event of war or other national differences, should there be any confiscation by either party of debts, or of public or private stocks, due to or held by the citizens or subjects of the other. In a word, there should be no disturbance of existing conditions of property; and merchants and traders on each side should enjoy the most complete protection and security for their property.
The foregoing is the material substance of the first ten articles of the treaty, which it was declared should be perpetual; the remaining eighteen, having reference chiefly to the regulation of commerce and navigation between the two countries, were limited in their operations to two years after the termination of the war in which Great Britain was then engaged.
The commercial portion of the treaty provided for the admission of American vessels into British ports in Europe and the East Indies, on terms of equality with British vessels. But participation in the East Indian coasting trade, and the trade between European and British East Indian ports, was left to rest on the contingency of British permission. The right was also reserved to the British to meet the existing discrimination in the American tonnage and import duties by countervailing measures. American vessels, not exceeding seventy tons burden, were to be allowed to trade to the British West Indies, but only on condition of a renunciation, during the continuance of the treaty, of the right to transport from America to Europe any of the principal colonial products. British vessels were to be admitted into American ports without any further addition to the existing discriminating duties, and on terms equal to the most favored nations.
It was also stipulated that privateers should give bonds, with security, to make equivalent restitution for any injury they might inflict upon neutrals, in the event of the condemnation of any prize. Other provisions, favorable to neutral property captured by privateers, were made; and it was determined that the list of contraband articles should include, besides ammunition and warlike implements, all articles serving directly for the equipment of vessels, except unwrought iron and fir-plank.
It was also provided that no vessel attempting to enter a blockaded port should be captured, unless previously notified of the blockade; that neither nation should allow enlistments within its territory by any third nation at war with the other; nor should the citizens or subjects of either be allowed to accept commissions from such third nation, or to enlist in its service--citizens or subjects acting contrary to this stipulation to be treated as pirates. Provision was also made for the exercise of hospitality and courtesy between ships-of-war and privateers of the two countries; also for prohibiting the arming of privateers of any nation at war with either of the contracting parties, or fitting them out in the ports of the other; and for excluding the privateers of a third nation from the ports of the contracting parties, which had made prizes of vessels belonging to citizens or subjects of either country. It was also agreed that neither nation should allow vessels or goods of the other to be captured in any of its bays or other waters, or within cannon-shot of its coast.
It was further stipulated, that in the event of war between the two nations, the citizens or subjects of each, residing within the limits of the other, should be allowed to continue peaceably in their respective employments, so long as they should behave themselves properly. It was also provided that fugitives from justice, charged with murder or forgery, should be mutually given up.
Such was the substance of the famous treaty, the ratification of which caused a tempest in the political atmosphere, whose fury shook the Union to its foundation, and proved to the utmost test the stability of the character and popularity of Washington.
Rumors of the conclusion of a treaty reached the Congress before its adjournment in March, 1795; but the treaty itself did not arrive until two days afterward. The president received it on the fifth of March, but its contents were kept a profound secret for several months. Washington studied it carefully, fully digested every article, and resolved to ratify it, should it be approved by the senate. Parts of it he approved, parts he disapproved; but he saw in it the basis for a satisfactory adjustment of the relations of the two governments, and a guaranty of peace.
The president issued a circular calling the senate together in June, for the purpose of considering the treaty. He resolved to keep its provisions a secret until that time, because there was a predisposition in the public mind to condemn it. Already, as we have seen, the appointment of a special envoy to negotiate with Great Britain had been denounced as a cowardly overture, and degrading to the United States; and it was declared that the mission of a special envoy, if one was to be sent, should be to make a formal and unequivocal demand of reparation for wrongs inflicted on our commerce, the payment of damages to owners of slaves carried away, and the immediate surrender of the western posts.
A large party in the United States had resolved that the treaty, whatever it might be, especially if it should remove all pretexts for a war with Great Britain, should be rejected; and, even before its arrival, preparations for opposition were made. In the course of a few days after Washington received it, and had submitted it, under the seal of strict privacy, to Mr. Randolph, the secretary of state, sufficient information concerning it leaked out to awaken public distrust, and yet not enough was known for the formation of any definite opinion concerning it. But instantly the opposition press commenced a crusade against it.
"Americans, awake!" cried a writer in one of these. "Remember what you suffered during a seven-years' war with the satellites of George the Third (and I hope the last). Recollect the services rendered by your allies, now contending for liberty. Blush to think that America should degrade herself so much as to enter into any kind of treaty with a power, now tottering on the brink of ruin, whose principles are directly contrary to the spirit of republicanism.
"The United States are a republic. Is it advantageous to a republic to have a connection with a monarch? Treaties lead to war, and war is the bane of a republican government. If the influence of a treaty is added to the influence which Great Britain has already in our government, we shall be colonized anew.
"Commercial treaties are an artificial means to obtain a natural end--they are the swathing bands of commerce that impede the free operations of nature. Treaties are like partnerships; they establish intimacies which sometimes end in profligacy, and sometimes in ruin and bankruptcy, distrust, strife, and quarrel.
"No treaty ought to have been made with Great Britain, for she is famed for perfidy and double dealing; her polar star is interest; artifice, with her, is a substitute for nature. To make a treaty with Great Britain is forming a connection with a monarch; and the introduction of the fashions, forms, and precedents of monarchical governments has ever accelerated the destruction of republics.
"If foreign connections are to be formed, they ought to be made with nations whose influence would not poison the fountain of liberty, and circulate the deleterious streams to the destruction of the rich harvest of our Revolution. France is our natural ally; she has a government congenial with our own. There can be no hazard of introducing from her, principles and practices repugnant to freedom. That gallant nation, whose proffers we have neglected, is the sheet-anchor that sustains our hopes; and should her glorious exertions be incompetent to the great object she has in view, we have little to flatter ourselves with from the faith, honor, or justice of Great Britain. The nation on whom our political existence depends, we have treated with indifference bordering on contempt. Citizens, your only security depends on France; and, by the conduct of your government, that security has become precarious.
"To enter into a treaty with Great Britain at the moment when we have evaded a treaty with France; to treat with an enemy against whom France feels an implacable hatred, an enemy who has neglected no means to desolate that country and crimson it with blood, is certainly insult. Citizens of America, sovereigns of a free country, your hostility to the French republic has been spoken of in the National Convention, and a motion for an inquiry into it has been only suspended from prudential motives--the book of account may soon be opened against you. What then, alas, will be your prospects! To have your friendship questioned by that nation is indeed alarming!"
Such was the logic--or rather the mad, seditious cry of faction--employed to forestall public opinion, and defeat the noble and humane intentions of the government. The Democratic Societies, though infirm and tottering, joined in the clamor. One of these in Virginia exclaimed, "Shall we Americans, who have kindled the spark of liberty, stand aloof and see it extinguished when burning a bright flame in France, which hath caught it from us? If all tyrants unite against a free people, should not all free people unite against tyrants? Yes, let us unite with France, and stand or fall together."
The Massachusetts Society, in an address to all sister societies of the Union, put forth similar sentiments, and declared that the political interests of the United States and France were "one and indivisible." The Pennsylvania Society exhorted that of New York to be ready and oppose the treaty if its provisions should be found dishonorable to the country; and newspapers and pamphleteers joined in the general cry of factious opposition.
The senate, pursuant to proclamation, assembled at Philadelphia on the eighth of June. Some changes had taken place in the material of that body, favorable to the government. Mr. Jay's treaty, with accompanying documents, was laid before it on the first day of the session. That gentleman had arrived from England a fortnight previously, and found himself elected governor of the state of New York by a large majority; and when he landed, he was greeted by thousands of his fellow-citizens, who gathered to welcome their new chief magistrate, and to testify their respect to the envoy who had so faithfully, as they believed, executed a mission of peace. A great crowd attended him to his dwelling, and the firing of cannon and ringing of bells attested the public joy. He immediately resigned his seat as chief justice of the United States, and three days after his arrival home he took the oath of office as governor of the state of New York.
The senate held secret sessions when considering the treaty, and for a fortnight it was discussed in that body with the greatest freedom and candor. Finally, on the twenty-fourth of June, the senate by a vote of twenty to ten--precisely a constitutional majority--advised the ratification of the treaty, that article excepted which related to the West India trade.
"An insuperable objection," says Marshall, "existed to an article regulating the intercourse with the British West Indies, founded on a fact which is understood to have been unknown to Mr. Jay. The intention of the contracting parties was to admit the direct intercourse between the United States and those islands, but not to permit the productions of the latter to be carried to Europe in the vessels of the former. To give effect to this intention, the exportation from the United States of those articles which were the principal productions of the islands was to be relinquished. Among these was cotton. This article, which a few years before was scarcely raised in sufficient quantity for domestic consumption, was becoming one of the richest staples of the southern states. The senate, being informed of this fact, advised and consented that the treaty should be ratified on condition that an article be added thereto, suspending that part of the twelfth article which related to the intercourse with the West Indies.
"Although, in the mind of the president, several objections to the treaty had occurred, they were overbalanced by its advantages; and, before transmitting it to the senate, he had resolved to ratify it, if approved by that body. The resolution of the senate presented difficulties which required consideration. Whether they could advise and consent to an article which had not been laid before them, and whether their resolution was to be considered as the final exercise of their power, were questions not entirely free from difficulty. Nor was it absolutely clear that the executive could ratify the treaty, under the advice of the senate, until the suspending article should be introduced into it. A few days were employed in the removal of these doubts; at the expiration of which, intelligence was received from Europe which suspended the resolution which the president had formed.
"The English papers contained an account, which, though not official, was deemed worthy of credit, that the order of the eighth of June, 1793, for the seizure of provisions going to French ports, was renewed. In the apprehension that this order might be construed and intended as a practical construction of that article in the treaty which seemed to favor the idea that provisions, though not generally contraband, might occasionally become so, a construction in which he had determined not to acquiesce, the president thought it wise to reconsider his decision. Of the result of this reconsideration there is no conclusive testimony. A strong memorial against this objectionable order was directed; and the propositions to withhold the ratification of the treaty until the order should be repealed; to make the exchange of ratifications dependent upon that event; and to adhere to his original purpose of pursuing the advice of the senate, connecting with that measure the memorial which had been mentioned, as an act explanatory of the sense in which his ratification was made, were severally reviewed by him. In conformity with his practice of withholding his opinion on controverted points until it should become necessary to decide them, he suspended his determination on these propositions until the memorial should be prepared and laid before him."[78]
The senate, on voting to recommend the ratification of the treaty, removed the seal of secrecy, but forbade any publication of the treaty itself. Regardless alike of the rules of the senate, and of official decorum, Senator Mason, of Virginia, sent to Bache, the editor of the Aurora (the democratic newspaper) a full abstract of the treaty, which was published on the second of July. In this, Mason had only anticipated Washington, who, to counteract statements concerning the contents of the treaty, and malignant comments which began to appear, had resolved to have the whole document published.
FOOTNOTES:
[75] Life of Washington, ii, 360.
[76] His son, William Jay.
[77] Life and Writings of John Jay, by his Son, William Jay, i, 323.
[78] Life of Washington, ii, 361.
Chapter XXIX
TERMINATION OF JAY'S TREATY--WASHINGTON WITHHOLDS HIS SIGNATURE TO THE RATIFICATION--EFFORTS TO INTIMIDATE HIM--VIOLENT PROCEEDINGS IN PHILADELPHIA AND NEW YORK--PROCEEDINGS OF THE SELECTMEN OF BOSTON--RIOTOUS PROCEEDINGS IN NEW YORK--HAMILTON AND OTHERS STONED--OPPOSITION TO THE TREATY--CHAMBER OF COMMERCE IN FAVOR OF THE TREATY--MOVEMENTS IN PHILADELPHIA--DENUNCIATIONS OF JAY AND THE TREATY IN THE SOUTHERN STATES--DISUNION THREATENED--WASHINGTON'S LETTER TO THE SELECTMEN OF BOSTON--WASHINGTON AT MOUNT VERNON--HIS HASTY RETURN TO THE SEAT OF GOVERNMENT--FAUCHET'S LETTER INTERCEPTED--CONFIDENCE WITHDRAWN FROM RANDOLPH--THE RATIFICATION OF THE TREATY SIGNED--RANDOLPH AND FAUCHET--RANDOLPH'S VINDICATION OF HIS CONDUCT--HIS REPENTANCE.
The publication of the contents of the treaty produced a blaze of excitement throughout the country. The author of the treaty, the senators who approved of its ratification, and the president, were all vehemently denounced. Great indignation had already been expressed because the entire negotiation had been involved in mysterious secrecy; because the document had not been immediately made public on its reception by the president; and because the senate deliberated upon it with closed doors. The partisans of France had used every effort, during the spring and summer, to excite the people against Great Britain; and it was evident, from the tone of opposition writers and declaimers, that no possible adjustment of difficulties with that country, which might promise a future friendly intercourse between the two nations, would be satisfactory.[79]
It was asserted that any treaty of amity and commerce with Great Britain under the circumstances, whatever might be its principles, was a degrading insult to the American people, a pusillanimous surrender of their honor, and a covert injury to France. They affected to regard the compact as an alliance; an abandonment of an ancient ally of the United States, whose friendship had given them independence, and whose current victories, at that moment challenging the admiration of the world, still protected them, for an alliance with the natural enemy of that friend, and with an enemy of human liberty. They spoke of the court of Great Britain as the most faithless and corrupt in the world, and denounced the result of Jay's mission as a surrender of every just claim upon a rapacious enemy for restitution on account of great wrongs.
These denunciations had great immediate effect. All acknowledged that the treaty was not as favorable to the United States as the latter had a right to expect; and "public opinion did receive a considerable shock," says Marshall. Men unaffected by the spirit of faction felt some disappointment on its first appearance; therefore, when exposed to the public view, continues Marshall, "it found one party prepared for a bold and intrepid attack, but the other not ready in its defence. An appeal to the passions, prejudices, and feelings of the nation might confidently be made by those whose only object was its condemnation; while reflection, information, and consequently time, were required by men whose first impressions were not in its favor, but who were not inclined to yield absolutely to those impressions."
As we have observed, Washington, for a specific purpose, withheld his signature in ratification of the treaty. The vote of the senate recommending its ratification, with the stipulation that one article should be added, suspending so much of another as seemed requisite, and requesting the president to open without delay further negotiation on that head, presented serious questions to his mind. He had no precedent for his guide. Could the senate be considered to have ratified the treaty before the insertion of the new article? Was the act complete and final, so as to make it unnecessary to refer it back to that body? Could the president affix his official seal to an act before it should be complete? These were important questions, and demanded serious reflection.
The opponents of the treaty, aware of the cause of the delay in its ratification, resolved to endeavor to intimidate the president and prevent his signing it. The most violent demonstrations, by word and deed, were made against it. On the fourth of July, a great mob assembled in Philadelphia, and paraded the streets with effigies of Jay and the ratifying senators. That of Jay bore a pair of scales: one was labelled "American Liberty and Independence;" and the other, which greatly preponderated, "British Gold." From the mouth of the figure proceeded the words, "Come up to my price, and I will sell you my country." The effigies were committed to the flames amid the most frightful yells and groans.
Public meetings were assembled all over the country to make formal protests against the treaty. They were called ostensibly to "deliberate upon it," but they were frequently tumultuous, and always declamatory. A large meeting was held in Boston on the tenth of July. The chief actors there denounced the treaty as not containing one single article honorable or beneficial to the United States. It was disapproved of by unanimous vote, and a committee of fifteen, appointed to state objections, in an address to the president, reported no less than twenty. They were adopted by the meeting without debate, and were sent to the president accompanied by a letter from the selectmen of Boston. Only a few of the stable inhabitants of Boston appear to have been concerned in this matter, and the wealthy merchants and some other rich men who attended the meeting, and whose fears were excited by the leaders of the opposition, were made mere tools of on the occasion.
A meeting for a similar purpose was held in front of the city-hall, in Wall street, New York, on the eighteenth of July, pursuant to a call of an anonymous handbill. There the opposition gathered in great numbers, and there also was a large number of the friends of the treaty, who succeeded at first in electing a chairman. They were then about to adjourn to some more convenient place, when Brockholst Livingston, Mr. Jay's brother-in-law, and a leader of the opposition, urged the meeting to proceed instantly, as the president might ratify the treaty at any moment. Indeed, the whole Livingston family, with the eminent chancellor at their head, were now in the ranks of the opposition, and exerted a powerful influence. "With more than thoughtless effrontery," says Doctor Francis, "they fanned the embers of discontent."
Hamilton, Rufus King, and other speakers, occupied the balcony of the city-hall. The former, with sweet and persuasive tones, had uttered conciliatory words, and spoken in favor of adjournment, when the meeting became a good deal disturbed by conflicting sentiments and stormy passions. Just then an excited party of the opposition, who had held a meeting at the Bowling Green, with William L. Smith, a son-in-law of Vice-President Adams, as chairman, and who had burned a copy of the treaty in front of the government house, marched up Broadway, with the American and French flags unfurled, and joined the meeting. The turbulence of the assembly was greatly increased by this addition; and while Hamilton and King "were addressing the people in accents of friendship, peace, and reconciliation, they were treated in return with a shower of stones, levelled at their persons, by the exasperated mob gathered in front of the city-hall."[80]
"These are hard arguments," said Hamilton, who was hit a glancing blow upon the forehead by one of the stones. A question was finally taken on a motion to leave the decision on the treaty to the president and senate, when both sides claimed a majority. Then some person, utterly ignoring the presence of a chairman, moved the appointment of a committee of fifteen, to report to another meeting (to be held two days afterward) objections to the treaty. He read a list of names of gentlemen that should form that committee, and, at the close of clamorous shouts, he declared them duly appointed by the vote. The meeting finally broke up in great confusion. The adjourned meeting was attended by only the opponents of the treaty; and Brockholst Livingston, chairman of the committee of fifteen, reported twenty-eight condemnatory resolutions, which were adopted by unanimous vote.
"These resolutions," says Hildreth, "while expressing great confidence in the president's wisdom, patriotism, and independence, were equally confident that his 'own good sense' must induce him to reject the treaty, as 'invading the constitution and legislative authority of the country; as abandoning important and well-founded claims against the British government; as imposing unjust and impolitic restraints on commerce; as injurious to agriculture; as conceding, without an equivalent, important advantages to Great Britain; as hostile and ungrateful to France; as committing our peace with that great republic; as unequal toward America in every respect; as hazarding her internal peace and prosperity; and as derogatory from her sovereignty and independence."[81]
On the very next day (July 22), the New York Chamber of Commerce, representing the commercial interests of that city, adopted resolutions diametrically opposed to those offered by Livingston. These set forth that the treaty contained as many features of reciprocity as, under the circumstances, might be expected; that the arrangements respecting British debts were honest and expedient; and that the agreement concerning the surrender of the western posts and for compensation for spoliations, and their prevention in future, were wise and beneficial. If the treaty had been rejected, they said, war with all its attendant calamities would have ensued, and they were satisfied with what had been done.
On the twenty-fourth of July a similar meeting was held in Philadelphia. Among the leaders who denounced the treaty by speech and acts were Chief-Justice M'Kean, Alexander J. Dallas (the secretary of the commonwealth), General Muhlenburg (late speaker of the house of representatives), and John Swanwick (representative elect in Congress). A committee of fifteen was appointed by the meeting to convey the sentiments of the assemblage to the president, who was then at Mount Vernon, in the form of a memorial. That instrument was read twice and agreed to without debate. The treaty was then thrown to the populace--consisting chiefly, as Wolcott said in a letter to the president, of "the ignorant and violent classes"--who placed it upon a pole, and, proceeding to the house of the British minister, burned it in the street in front of it. They performed a like ceremony in front of the dwelling of the British consul, and also of Mr. Bingham, an influential federalist, with loud huzzas, yells, and groans.
At the South, equally hostile feelings toward the treaty and its friends were manifested. John Rutledge, then chief justice of South Carolina, denounced the treaty in violent language at a public meeting. He said it was destitute of a single article that could be approved, and reproached Jay with being either a knave or a fool--with corruption or stupidity--in having signed it. The stanch old patriot, Christopher Gadsden, denounced it in terms equally decisive; and Charles Cotesworth Pinckney, at the close of a violent harangue, moved to request the president to take steps to have Jay impeached. "If he had not made this public exposure of his conduct and principles," said Pinckney, "he might one day have been brought forward, among others, as a candidate for our highest office: but the general and deserved contempt which his negotiations have brought both his talents and principles into, would for ever, he trusted, secure his fellow-citizens from the dangerous and unwise use which such a man would have made of the powers vested in a president."
The meeting appointed a committee of fifteen to report their sentiments at another gathering. It was done on the twenty-second of July. The report contained severe criticisms upon the several articles of the treaty, and recommended a memorial to the president, asking him not to ratify it. Meanwhile the populace trailed a British flag through the streets, and then burned it at the door of the British consul.
While these meetings were occurring in the principal cities, the opposition press all over the country was alive with the subject, and its denunciations were sometimes so violent that it was difficult to find words strong enough to express them. The Democratic Societies, vivified by the excitement, were also active with a sort of galvanic life. One of these in South Carolina resolved, "That we pledge ourselves to our brethren of the republican societies throughout the Union, as far as the ability and individual influence of a numerous society can be made to extend, that we will promote every constitutional mode to bring John Jay to trial and to justice. He shall not escape, if guilty, that punishment which will at once wipe off the temporary stain laid upon us, and be a warning to traitors hereafter how they sport with the interests and feelings of their fellow-citizens. He was instructed, or he was not: if he was, we will drop the curtain; if not, and he acted of and from himself, we shall lament the want of a GUILLOTINE."
The Pendleton Society of the same state declared their "abhorrence and detestation of a treaty which gives the English government more power over us as states than it claimed over us as colonists--a treaty, involving in it pusillanimity, stupidity, ingratitude, and treachery."
In Virginia, the grand panacea for all political evils of the federal government, DISUNION, was again presented. The following specimen of the prescription, taken from a Virginia newspaper, will suffice as an example:--
"Notice is hereby given, that in case the treaty entered into by that damned arch-traitor, John Jay, with the British tyrant should be ratified, a petition will be presented to the next general assembly of Virginia at their next session, praying that the said state may recede from the Union, and be under the government of one hundred thousand free and independent Virginians.
"P. S. As it is the wish of the people of the said state to enter into a treaty of amity, commerce, and navigation, with any other state or states of the present Union who are averse to returning again under the galling yoke of Great Britain, the printers of the (at present) United States are requested to publish the above notification.--Richmond, July 31, 1795."
Even at that early period of the republic, neither newspaper editors, nor political combinations, nor gatherings of clamorous assemblies, could make any sensible impression on the real strength of the Union.
Nor did these individual or public demonstrations move Washington from his steady march in the line of duty, or in his allegiance to what he discerned to be truth and justice. On his way to his home on the Potomac, he was overtaken at Baltimore, on the eighteenth of July, by the committee from Boston, bearing to him the proceedings of the great public meeting there on the subject of the treaty. He immediately sent the papers back to Mr. Randolph, the secretary of state, with a request that he would confer upon the subject with the other two secretaries and the attorney-general, and transmit the opinion of the cabinet to him as early as possible. The whole affair, he had no doubt, was intended to place him "in an embarrassed situation." The cabinet members, after consultation, wrote out replies to the Boston authorities in accordance with their views, and sent them to the president. He weighed them carefully, and on the twenty-eighth of July he addressed the following letter to the selectmen of Boston:--[82]
"In every act of my administration I have sought the happiness of my fellow-citizens. My system for the attainment of this object has uniformly been to overlook all personal, local, and partial considerations; to contemplate the United States as one great whole; to consider that sudden impressions, when erroneous, would yield to candid reflection; and to consult only the substantial and permanent interests of our country.
"Nor have I departed from this line of conduct, on the occasion which has produced the resolutions contained in your letter of the thirteenth instant.
"With a predilection for my own judgment, I have weighed with attention every argument which has at any time been brought into view. But the constitution is the guide, which I never can abandon. It has assigned to the president the power of making treaties, with the advice and consent of the senate. It was doubtless supposed that these two branches of government would combine, without passion, and with the best means of information, those facts and principles upon which the success of our foreign relations will always depend; that they ought not to substitute for their own conviction the opinions of others, or to seek truth through any channel but that of a temperate and well-informed investigation.
"Under this persuasion, I have resolved on the manner of executing the duty before me. To the high responsibility attached to it I freely submit; and you, gentlemen, are at liberty to make these sentiments known as the grounds of my procedure. While I feel the most lively gratitude for the many instances of approbation from my country, I can no otherwise deserve it than by obeying the dictates of my conscience."
To these noble sentiments Washington firmly adhered, and they were the basis of his replies to all similar communications. Before this letter was sent, Washington received many private and public letters on the subject, as well as newspaper accounts of meetings all over the country. He perceived that a crisis had arrived, when he must act promptly and energetically, in accordance with his convictions of right. He saw that the excitement throughout the Union was becoming formidable, and he resolved to return to Philadelphia immediately, summon his cabinet, and propose to ratify the treaty without delay--notwithstanding such return would be to him a great personal sacrifice. "Whilst I am in office," he said to Randolph in his letter announcing his determination to return, "I shall never suffer private convenience to interfere with what I conceive to be my official duty." This was one of the great maxims of his life.
"I view the opposition," he said, "which the treaty is receiving from the meetings in different parts of the Union, in a very serious light; not because there is more weight in any of the objections which are made to it than was foreseen at first, for there is none in some of them, and gross misrepresentations in others; nor as it respects myself personally, for this shall have no influence on my conduct, plainly perceiving, and I am accordingly preparing my mind for it, the obloquy which disappointment and malice are collecting to heap upon me. But I am alarmed at the effect it may have on, and the advantage the French government may be disposed to make of, the spirit which is at work to cherish a belief in them that the treaty is calculated to favor Great Britain at their expense. Whether they believe or disbelieve these tales, the effect it will have upon the nation will be nearly the same; for, whilst they are at war with that power, or so long as the animosity between the two nations exists, it will, no matter at whose expense, be their policy, and it is to be feared will be their conduct, to prevent us from being on good terms with Great Britain, or her from deriving any advantages from our trade, which they can hinder, however much we may be benefitted thereby ourselves. To what length this policy and interest may carry them is problematical; but when they see the people of this country divided, and such a violent opposition given to the measures of their own government pretendedly in their favor, it may be extremely embarrassing, to say no more of it.
"To sum the whole up in a few words, I have never, since I have been in the administration of the government, seen a crisis, which in my judgment has been so pregnant with interesting events, nor one from which more is to be apprehended, whether viewed on one side or the other. From New York there is, and I am told will further be, a counter current; but how formidable it may appear I know not. If the same does not take place at Boston and other towns, it will afford but too strong evidence that the opposition is in a manner universal, and would make the ratification a very serious business indeed. But, as it respects the French, even counter resolutions would, for the reasons I have already mentioned, do little more than weaken in a small degree the effect the other side would have."
Two days afterward (the thirty-first of July) he wrote to Mr. Randolph, informing him that he should not set out for Philadelphia until he should receive answers to some letters, and then said:--
"To be wise and temperate, as well as firm, the present crisis most eminently calls for. There is too much reason to believe, from the pains which have been taken, before, at, and since the advice of the senate respecting the treaty, that the prejudices against it are more extensive than is generally imagined. This I have lately understood to be the case in this quarter, from men who are of no party, but well disposed to the present administration. How should it be otherwise, when no stone has been left unturned that could impress on the minds of the people the most arrant misrepresentation of facts; that their rights have not only been neglected, but absolutely sold; that there are no reciprocal advantages in the treaty; that the benefits are all on the side of Great Britain; and, what seems to have had more weight with them than all the rest and to have been most pressed, that the treaty is made with the design to oppress the French, in open violation of our treaty with that nation, and contrary, too, to every principle of gratitude and sound policy? In time, when passion shall have yielded to sober reason, the current may possibly turn; but, in the meanwhile, this government, in relation to France and England, may be compared to a ship between the rocks of Scylla and Charybdis. If the treaty is ratified, the partisans of the French, or rather of war and confusion, will excite them to hostile measures, or at least to unfriendly sentiments; if it is not, there is no foreseeing all the consequences which may follow as it respects Great Britain.
"It is not to be inferred from hence that I am disposed to quit the ground I have taken, unless circumstances more imperious than have yet come to my knowledge should compel it; for there is but one straight course, and that is, to seek truth and pursue it steadily.
"But these things are mentioned to show that a close investigation of the subject is more than ever necessary, and that they are strong evidences of the necessity of the most circumspect conduct in carrying the determination of government into effect, with prudence as it respects our own people, and with every exertion to produce a change for the better from Great Britain."
Randolph, at Washington's request, had made a rough draft of a memorial, intended to meet all objections to the treaty. This had been sent to Mount Vernon, and in reference to it the president said:--
"The memorial seems well designed to answer the end proposed; and by the time it is revised and new-dressed, you will probably (either in the resolutions, which are or will be handed to me, or in the newspaper publications, which you promised to be attentive to) have seen all the objections against the treaty which have any real force in them, and which may be fit subjects for representation in the memorial, or in the instructions, or both.
"But how much longer the presentation of the memorial can be delayed without exciting unpleasant sensations here, or involving serious evils elsewhere, you, who are at the scene of information and action, can decide better than I. In a matter, however, so interesting and pregnant with consequences as this treaty, there ought to be no precipitation; but, on the contrary, every step should be explored before it is taken, and every word weighed before it is uttered or delivered in writing."
Washington arrived at Philadelphia on the eleventh of August. His return was hastened by a mysterious letter from Colonel Pickering, the secretary of war, dated the thirty-first of July. "On the subject of the treaty," he said, "I confess I feel extreme solicitude, and for a special reason, which can be communicated to you only in person. I entreat, therefore, that you will return with all convenient speed to the seat of government. In the meantime, for the reason above referred to, I pray you to decide on no important political measure, in whatever form it may be presented to you. Mr. Wolcott and I (Mr. Bradford concurring) waited on Mr. Randolph, and urged his writing to request your return. He wrote in our presence, but we concluded a letter from one of us also expedient."
On the day after his arrival, the president called a cabinet meeting. Mr. Pickering had already explained the mysterious hints in his letter, by handing to Washington some papers which had excited suspicions concerning Secretary Randolph's conduct. When the cabinet had convened, the president submitted the question, "What shall be done with the treaty?" Randolph not only insisted upon the repeal of the provision order already alluded to, as a preliminary to ratification, but took the ground that the treaty ought not to be ratified at all, pending the war with Great Britain and France. The other members of the cabinet were in favor of immediate ratification, with a strong memorial against the provision order. In this opinion Washington coincided, and on the eighteenth the ratification was signed by the president. Randolph was directed to complete the memorial which he had commenced, and also instructions for further negotiations.
Washington's feelings had been deeply moved by the papers which Pickering placed in his hands. The chief of these was a despatch of M. Fauchet, the French minister, to his government, late in the autumn of 1794, and which had been intercepted. In that despatch, Fauchet gave a sketch of the rise of parties in the United States, in substantial accordance with Jefferson's views, and then he commented freely upon the Whiskey Insurrection in western Pennsylvania, then drawing to a close. Echoing the sentiments of the democratic leaders, Fauchet, professing to have his information from Randolph, declared that the insurrection grew out of political hostility to Hamilton. It was Hamilton's intention, he said, in enforcing the excise, "to mislead the president into unpopular courses, and to introduce absolute power under pretext of giving energy to the government."
In his further comments, the minister, in deprecation of the conduct of professed republicans, and the general co-operation with the president in putting down the insurrection, said: "Of the governors whose duty it was to appear at the head of the requisitions, the governor of Pennsylvania alone [Mifflin] enjoyed the name of republican. His opinions of the secretary of the treasury, and of his systems, were known to be unfavorable. The secretary of this state [Dallas] possessed great influence in the popular society of Philadelphia, which in its turn influenced those of other states; of course he merited attention. It appears that these men, with others unknown to me, were balancing to decide on their party. Two or three days before the proclamation was published, and of course before the cabinet had resolved on its measures, Mr. Randolph came to me with an air of great eagerness, and made to me the overtures of which I have given an account in my No. 6.[83]
"Thus, with some thousands of dollars, the republic could have decided on civil war or on peace! Thus the consciences of the pretended patriots of America already have their prices! What will be the old age of this government, if it is thus already decrepit?"
After speaking of Hamilton's financial schemes as the instrument of making "of a whole nation a stock-jobbing, speculating, and selfish people," and asserting that "riches alone here fix consideration, and, as no one likes to be despised, they are universally sought after," he makes some exceptions among the leading republicans by name, and continues:--
"As soon as it was decided that the French republic purchased no men to do their duty, there were to be seen individuals, about whose conduct the government could at least form uneasy conjectures, giving themselves up with scandalous ostentation to its views, and ever seconding its declarations. The popular societies [democratic] soon emitted resolutions stamped with the same spirit, which, although they may not have been prompted by love of order, might nevertheless have been omitted, or uttered with less solemnity. Then were seen, coming from the very men whom we have been accustomed to regard as having little friendship for the treasurer, harangues without end, in order to give a new direction to the public mind."
This despatch had been intercepted at sea, found its way to the British cabinet, and was forwarded to Mr. Hammond, the British minister at Philadelphia. He placed it in the hands of Mr. Wolcott, the secretary of the treasury, for he ascribed the delay in the ratification of the treaty to Randolph's influence. It was translated by Mr. Pickering, and he, as we have seen, submitted it to the president on his arrival at the seat of government. Washington revolved it in his mind with great concern; but other matters of greater moment demanding his immediate attention after his arrival, he postponed all action upon it until the question of ratifying the treaty should be settled. On the day after the signing of that instrument, the president, in the presence of all the cabinet officers, handed the intercepted despatch to Mr. Randolph, with a request that he should read it and make such explanations as he might think fit.
This was the first intimation Mr. Randolph had of the existence of such a letter. He perused it carefully without perceptible emotion, and with equal composure he commented upon each paragraph in order. He declared that he had never asked for, nor received, any money from the French minister for himself or others, and had never made any improper communications to Fauchet of the measures of the government. He said that he wished more leisure to examine the letter, and he proposed to put further observations in writing. He complained, perhaps justly, of the president's manner in bringing the subject to his notice, without any private intimation of such intention; and he added, that in consideration of the treatment he had received, he could not think of remaining in office a moment longer.
On the same day Randolph tendered his resignation to the president. In his letter accompanying it, he said, "Your confidence in me, sir, has been unlimited, and, I can truly affirm, unabused. My sensations, then, can not be concealed, when I find that confidence so suddenly withdrawn, without a word or distant hint being previously dropped to me. This, sir, as I mentioned in your room, is a situation in which I can not hold my present office, and therefore I hereby resign it.
"It will not, however, be concluded from hence that I mean to relinquish the inquiry. No, sir--very far from it. I will also meet any inquiry; and to prepare for it, if I learn there is a chance of overtaking Mr. Fauchet before he sails, I will go to him immediately.[84]
"I have to beg the favor of you to permit me to be furnished with a copy of the letter, and I will prepare an answer to it; which I perceive that I can not do with the few hasty memoranda which I took with my pencil. I am satisfied, sir, that you will acknowledge one piece of justice to be due on this occasion, which is, that until an inquiry can be made, the affair shall continue in secrecy under your injunction. For, after pledging myself for a more specific investigation of all the suggestions, I here most solemnly deny that any overture came from me, which was to produce money to me or any others for me; and that in any manner, directly or indirectly, was a shilling ever received by me; nor was it ever contemplated by me that one shilling should be applied by Mr. Fauchet to any purpose relative to the insurrection."
On the following day, Washington wrote to Mr. Randolph: "Whilst you are in pursuit of means to remove the strong suspicions arising from this letter, no disclosure of its contents will be made by me, and I will enjoin the same on the public officers who are acquainted with the purport of it, unless something will appear to render an explanation necessary on the part of the government, and of which I will be the judge." He afterward said, "No man would rejoice more than I, to find that the suspicions which have resulted from the intercepted letter were unequivocally and honorably removed."
A message from Randolph reached Fauchet before he was ready to embark, and the minister wrote to the late secretary, a declaration, denying that the latter had ever indicated a willingness to receive money for his own use, and also affirming that, in his letter to his government, he did not say anything derogatory to Mr. Randolph's character. With this declaration from the retiring French minister, and a reliance upon the general tenor of his conduct while in the cabinet, Randolph proceeded to prepare his vindication, at the same time publicly boasting to his friends, with a vindictive spirit, that he would bring things to view which would affect Washington more than anything which had yet appeared. Among other things which he proposed to do, in order to damage the reputation of Washington, was, to undertake to show, by the president's own letter to him on the twenty-second of July, that he (Washington) was opposed to the treaty which he had now so eagerly signed; and that the intercepted despatch had been communicated to Washington as part of a scheme concocted between the British minister and the cabinet officers to insure the ratification of the treaty, to drive Randolph from office, and to crush the republican party in the United States.
The paragraph in Washington's letter on which Randolph intended to base this charge was as follows: "My opinion respecting the treaty is the same now that it was; namely, not favorable to it, but that it is better to ratify it in the manner the senate have advised, and with the reservation already mentioned, than to suffer matters to remain as they are, unsettled." The letter from which this is copied was on file in the office of the secretary of state; and Randolph, with evidences of a strangely bitter feeling toward Washington, applied to him for a copy of it, that he might publish it in his vindication. "You must be sensible, sir," he said, "that I am inevitably driven to the discussion of many confidential and delicate points. I could, with safety, immediately appeal to the people of the United States, who can be of no party. But I shall wait for your answer to this letter, so far as it respects the paper desired, before I forward to you my general letter, which is delayed for no other cause. I shall also rely that any supposed error in the general letter in regard to facts will be made known to me, that I may correct it if necessary, and that you will consent to the whole affair, howsoever confidential and delicate, being exhibited to the world. At the same time, I prescribe to myself the condition not to mingle anything which I do not seriously conceive to belong to the subject."
Utterly mistaking the character of Washington, and ungenerously presuming that the president would withhold his consent to the publication of the letter referred to, Randolph published in the Philadelphia Gazette, two days after he wrote to Washington, the paragraph in his application which has just been quoted, and with it a note to the editor, saying, "The letter from which the enclosed is an extract relates principally to the requisition of a particular paper. My only view at present is to show to my fellow-citizens what is the state of my vindication."
Washington was then at Mount Vernon, and the letter, an extract from which was published, could not have reached him when that paragraph was made public. It passed Washington while on his way to Philadelphia, and he did not receive it until the twentieth of October, twelve days after it was written. On the following day, Washington, with a perfect consciousness of his own rectitude at all times and under all circumstances, and with a noble generosity to which his assailant showed himself a stranger, wrote to him as follows:--
"It is not difficult, from the tenor of your letter, to perceive what your objects are. But, that you may have no cause to complain of the withholding of any paper, however private and confidential, which you shall think necessary in a case of so serious a nature, I have directed that you should have the inspection of my letter of the twenty-second of July, agreeably to your request; and you are at full liberty to publish without reserve any and every private and confidential letter I ever wrote to you; nay, more--every word I ever uttered to you, or in your hearing, from whence you can derive any advantage in your vindication. I grant this permission, inasmuch as the extract alluded to manifestly tends to impress on the public mind an opinion that something has passed between us, which you should disclose with reluctance, from motives of delicacy with respect to me."
In reference to Randolph's proposition to submit his vindication to the inspection of Washington, the latter remarked, "As you are no longer an officer of the government, and propose to submit your vindication to the public, it is not my desire, nor is it my intention, to receive it otherwise than through the medium of the press. Facts you can not mistake, and, if they are fairly and candidly stated, they will invite no comments."
In December the pamphlet appeared, entitled, "A Vindication of Mr. Randolph's Resignation," in which was a narrative of the principal events which we have just been considering, the correspondence between the president and Randolph, the whole of Fauchet's letter, and Randolph's remarks. "From the nature of the circumstances," says Sparks, "Mr. Randolph had a difficult task to perform, as he was obliged to prove a negative, and to explain vague expressions and insinuations connected with his name in Fauchet's letter." The statements which he made in proof of his innocence were not such as to produce entire conviction. "He moreover," continues Sparks, "allowed himself to be betrayed into a warmth of temper and bitterness of feeling not altogether favorable to his candor. After all that has been made known, the particulars of his conversations with Fauchet and his designs are still matters of conjecture."
In after life, Mr. Randolph deeply regretted the course that he pursued toward Washington at this time. In a letter to Judge Bushrod Washington, written in the summer of 1810, he said: "I do not retain the smallest degree of that feeling which roused me fifteen years ago against some individuals. For the world contains no treasure, deception, or charm, which can seduce me from the consolation of being in a state of good will towards all mankind; and I should not be mortified to ask pardon of any man with whom I have been at variance, for any injury which I may have done him. If I could now present myself before your venerated uncle, it would be my pride to confess my contrition, that I suffered my irritation, let the cause be what it might, to use some of those expressions respecting him, which, at this moment of my indifference to the ideas of the world, I wish to recall, as being inconsistent with my subsequent conviction."[85]
It was thus with all the assaults ever made upon the character of Washington. They always failed to injure it in the slightest degree; and the sharpest and best-tempered shafts of malignity fell blunted and harmless from the invulnerable shield of his spotless integrity.
FOOTNOTES:
[79] At a civic feast in Philadelphia, on the first of May, which was attended by a great number of American citizens, to celebrate the recent victories of France, the subjoined toasts were given. The managers of the feast sent the following invitation to President Washington:--
"SIR: The subscribers, a committee in behalf of a number of American, French, and Dutch citizens, request the honor of your company to a civic festival, to be given on Friday, the seventeenth of April, appointed to celebrate the late victories of the French republic, and the emancipation of Holland." The feast was postponed until the first of May. Washington did not attend; but the occasion was honored by the presence of the French minister and consul, and the consul of Holland. The following are the toasts:--
"1. The republic of France, whose triumphs have made this day a jubilee; may she destroy the race of kings, and may their broken sceptres and crowns, like the bones and teeth of the mammoth, be the only evidence that such monsters ever infested the earth.
"2. The republic of France; may the shores of Great Britain soon hail the tri-colored standard, and the people rend the air with shouts of 'Long live the republic!'
"3. The republic of France; may her navy clear the ocean of pirates, that the common high way of nations may no longer, like the highways of Great Britain, be a receptacle for robbers.
"4. The republic of France; may all free nations learn of her to transfer their attachment from men to principles, and from individuals to the people.
"5. The republic of France; may her example, in the abolition of titles and splendor, be a lesson to all republics to destroy those leavens of corruption.
"6. The republic of Holland; may the flame of liberty which they have rekindled never be permitted to expire for want of vigilance and energy.
"7. The republic of Holland; may her two sisters, the republics of France and America, form with her an invincible triumvirate in the cause of liberty.
"8. The republic of Holland; may she again give birth to a Van Tromp and a De Ruyter, who shall make the satellites of George tremble at their approach, and seek their safety in flight.
"9 The republic of Holland; may that fortitude which sustained her in the dire conflict with Philip the Second, and the success that crowned her struggles, be multiplied upon her in the hour of her regeneration.
"10. The republic of Holland; may that government which they are about establishing have neither the balances of aristocracy nor the checks of monarchy.
"11. The republic of America; may the sentiment that impelled her to resist a British tyrant's will, and the energy which rendered it effectual, prompt her to repel usurpation in whatever shape it may assail her.
"12. The republic of America; may the aristocracy of wealth, founded upon the virtues, the toils, and the blood of her Revolutionary armies, soon vanish, and, like the baseless fabric of a vision, leave not a wreck behind.
"13. The republic of America; may her government have public good for its object, and be purged of the dregs of sophisticated republicanism.
"14. The republic of America; may the alliance formed between her and France acquire vigor with age, and that man be branded as the enemy of liberty who shall endeavor to weaken or unhinge it.
"15. The republic of America; may her administration have virtue enough to defy the ordeal of patriotic societies, and patriotism enough to cherish instead of denouncing them."
[80] Old and New York, by J. W. Francis, M. D., LL.D. "Edward Livingston," says Doctor Francis, (afterwards so celebrated for his Louisiana Code,) "was, I am informed, one of the violent numbers by whom the stones were thrown."
[81] History of the United States, Second Series, i, 550.
[82] The names of the selectmen who addressed him were Ezekiel Price, Thomas Walley, William Boardman, Ebenezer Seaver, Thomas Crafts, Thomas Edwards, William Little, William Scollay, and Jesse Putnam.
[83] In "No. 6," written, it is supposed, some time in August, Fauchet, alluding to the breaking out of the Whiskey Insurrection, said: "Scarce was the commotion known when the secretary of state [Mr. Randolph] came to my house. All his countenance was grief. He requested of me a private conversation. 'It is all over,' he said to me; 'a civil war is about to ravage our unhappy country. Four men, by their talents, their influence, their energy, may save it. But--debtors of English merchants--they will be deprived of their liberty if they take the smallest step. Could you lend them instantaneous funds sufficient to shelter them from English persecution?' This inquiry astonished me. It was impossible for me to make a satisfactory answer. You know my want of power and my defect of pecuniary means. I shall draw myself from the affair by some common-place remarks, and by throwing myself on the pure and disinterested principles of the republic."
[84] Fauchet had been superseded by M. Adet, and had gone to New York to embark for France, when this difficulty occurred.
[85] Marshall's Life of Washington, ii. Appendix, Note xx.
Chapter XXX
VIOLENCE OF PARTY SPIRIT--INFLAMMATORY APPEALS TO THE PEOPLE--WASHINGTON MENACED WITH IMPEACHMENT, AND CHARGED WITH PLUNDERING THE TREASURY--NEWSPAPER DISCUSSIONS--HAMILTON IN DEFENCE OF THE TREATY--JEFFERSON'S APPEAL TO MADISON TO COME TO THE RESCUE--PROCEEDINGS IN BOSTON--RECONSTRUCTION OF THE CABINET--ARRIVAL OF YOUNG LAFAYETTE--WASHINGTON'S FRIENDSHIP FOR HIM--CAUTION AND EXPEDIENCY--THE EXILES AND THE CONGRESS--THEIR HOME AT MOUNT VERNON--THEIR DEPARTURE FOR FRANCE.
The ratification of the treaty increased the violence of party spirit. The batteries of fiercest vituperation were now opened upon the president, and the habitual courtesy with which he had been treated was lost sight of in the fury of party hate.
The opponents of the treaty saw only one more expedient to defeat it, now that they had failed to intimidate Washington or cause him to withhold his signature. They started the idea, as a forlorn hope, that although the president might ratify, it still rested with the house of representatives to refuse, if they chose, the pecuniary means to carry the treaty into effect, and thus to nullify it. They, therefore, resolved to use every effort to accomplish their purposes in this way. The elections in the several states were not yet completed, and they felt confident that a majority had already been chosen who were hostile to the treaty.
The most inflammatory addresses were circulated, to influence the people against the president and the treaty, and to form a public opinion that should bear with potency upon the supreme legislature. "The president," said one of these addresses, "has thrown the gauntlet, and shame on the coward heart that refuses to take it up. He has declared war against the people, by treating their opinions with contempt; he has forfeited his claim to their confidence, by acting in opposition to their will. Our liberties are in jeopardy, and we must either rescue them from the precipice or they will be lost for ever. One hope offers itself to us, and a consolatory one, too--the HOUSE OF REPRESENTATIVES OF THE UNITED STATES. As we have looked in vain for patriotism from the president, let us turn our eyes toward that body; they are our immediate representatives; they feel our wants, participate in our injuries, and sympathize in our distresses. They never will submit to have our country degraded; they never will be passive under the outrages upon our constitution; they never will be the instruments of voting away the people's rights. As our application to the president has been treated with scorn, let us make our appeal to that body which has the power of IMPEACHMENT, and we shall not find them step-fathers of their country. A treaty which has bartered away their rights can not, will not, be submitted to. Let us then, fellow-citizens, rally round our representatives, and we may still be free!"
Such appeals had a powerful effect; and a writer in the Aurora went so far as to charge Washington with having used the public money for his own private use! The charge was maintained with the most unblushing effrontery. When Congress met, petitions were forwarded to the house of representatives from all parts of the Union, bitterly denouncing the treaty, and praying that body to stand in the breach and rescue the country from the usurpations of the president and senate. The newspapers discussed the subject with great warmth; and Brockholst Livingston, over the signature of "Decius," assailed the treaty with great ability. This aroused Hamilton, who had both spoken and written in favor of the treaty. He came to the tournament most gallantly, and, over the signature of "Camillus," he dealt such powerful blows with his battle-axe of fact and logic; that "Decius" was quickly unhorsed. Jefferson, with his eagle vision, had watched the combat with intense interest from his eyry at Monticello; and when he saw the force of Hamilton's reasoning, and the power it must have upon the people, he shouted to Madison to join the lists and do battle against "Camillus," and a smaller champion called "Curtius." "Hamilton," he exclaimed in a letter to Madison on the twenty-first of September, "is really a colossus to the anti-republican party. Without numbers, he is a host within himself. They have got themselves into a defile, where they might be finished; but too much security on the republican part will give time to his talents and indefatigableness to extricate them. We have had only middling performers to oppose to him. In truth, when he comes forward, there is nobody but yourself who can meet him. His adversaries have begun the attack, he has the advantage of answering them, and remains unanswered himself. A solid reply might yet completely demolish what was too feebly attacked, and has gathered strength from the weakness of the attack." With his usual alarm-bell notes, Jefferson then spoke of "Hamilton, Jay," etc., as engaged "in the boldest act they ever ventured on to undermine the government;" and exclaimed, in conclusion, "For God's sake, take up your pen and give a fundamental reply to 'Curtius' and 'Camillus.'"[86]
The opposition found other champions of the treaty to meet than newspaper writers. The friends of that instrument and the government rallied in various forms. A few days before the president signed the ratification, the Boston Chamber of Commerce, like that of New York, representing a large and influential class to be affected by the treaty, passed a resolution, with only one dissenting voice, in favor of ratification. Some violent Boston republicans, to counteract these expressions, used the mobocratic argument and paraded an effigy of Jay in the streets, and concluded the performance by burning it, attacking the house of the editor of a federal paper (from which they were repulsed by firearms), and keeping the New England capital in a disturbed state for several days. Philadelphia merchants, on the contrary, in large numbers, signed a memorial taking ground in favor of the treaty. This was imitated elsewhere, and these memorials went into the house of representatives with the denunciatory petitions.
In the midst of all this storm, Washington remained calm, with his hand firmly resting upon the helm of state, and his eye steadily fixed upon the great compass and chart of integrity by which his course was always determined. In a reply to a friendly letter from General Knox, who assured him of a changing opinion in New England in favor of the treaty, he said:--
"Next to a conscientious discharge of my public duties, to carry along with me the approbation of my constituents would be the highest gratification my mind is susceptible of; but, the latter being secondary, I can not make the former yield to it, unless some criterion more infallible than partial (if they are not party) meetings can be discovered, as the touchstone of public sentiment. If any power on earth could, or the great Power above would, erect the standard of infallibility in political opinions, there is no being that inhabits this terrestrial globe that would resort to it with more eagerness than myself, so long as I remain a servant of the public. But as I have found no better guide, hitherto, than upright intentions and close investigation, I shall adhere to those maxims while I keep the watch, leaving it to those who will come after me to explore new ways, if they like or think them better."
During the autumn, while these public discussions were at their height, Washington was called upon to reconstruct his cabinet on account of the resignation of Randolph, the secretary of state, and the death of Bradford, the attorney-general, both events having occurred in August. The president found some difficulty in filling Randolph's place. "In the appointment of the great officers of government," Washington wrote to Colonel Carrington in October, "my aim has been to combine geographical situation, and sometimes other considerations, with abilities and fitness of known characters." He had offered the place successively to Judge Paterson, of New Jersey, Thomas Johnson, of Maryland, Charles Cotesworth Pinckney, of South Carolina, and Patrick Henry, of Virginia; but they all declined. In his letter to Henry, who, it was understood, was not very well pleased with the treaty, Washington said:--
"I persuade myself, sir, it has not escaped your observation that a crisis is approaching, that must, if it can not be arrested, soon decide whether order and good government shall be preserved, or anarchy and confusion ensue. I can most religiously aver, I have no wish that is incompatible with the dignity, happiness, and true interest of the people of this country. My ardent desire is, and my aim has been, as far as depended upon the executive department, to comply strictly with all our engagements, foreign and domestic; but to keep the United States free from political connection with every other country, to see them independent of all, and under the influence of none. In a word, I want an American character, that the powers of Europe may be convinced we act for ourselves, and not for others. This, in my judgment, is the only way to be respected abroad and happy at home; and not, by becoming the partisans of Great Britain or France, create dissentions, disturb the public tranquillity, and destroy, perhaps for ever, the cement which binds the Union."
After considerable delay, Colonel Pickering was transferred to the department of state, and James M'Henry, of Maryland, was appointed secretary of war. At the close of November, Charles Lee, of Virginia, accepted the office of attorney-general, as the successor of Bradford, and at the opening of Congress the cabinet was in working order, with apparently harmonious elements.
It was during these political agitations that George Washington Lafayette, a son of the marquis, arrived in the United States, to claim an asylum at the hands of Washington. He could not have appeared at a more inopportune moment; for political reasons rendered it inexpedient for the president, as such, to receive him; and to place him in his family might cause perplexities, connected with political affairs, prejudicial to the public tranquillity.
We have already noticed the flight of Lafayette from France before the fury of Jacobin fanaticism, and his incarceration in an Austrian dungeon, while his family were left to be the sport of fortune. In that dungeon the marquis was confined almost three years, in a cell three paces broad and five and a half long, containing no other ornament than two French verses which rhymed with the words "to suffer and to die." And yet his great soul went out to his suffering fellow-man as free as the air of heaven; and with a toothpick (for he was deprived of pen and ink) he wrote to a princess, who sympathized with him, on a scrap of paper which came to him almost miraculously, and with soot and water, these noble words: "I know not what disposition has been made of my plantation at Cayenne, but I hope Madame Lafayette will take care that the negroes who cultivate it shall preserve their liberty." He had set them all free.
The marchioness, as soon as she was allowed the privilege, hastened to Olmutz with her daughters to share the dungeon with the husband and father; while their son, whom they had named in honor of their illustrious friend, came to the United States with his tutor, M. Frestel, consigned to the fatherly care of Washington. Young Lafayette was then about seventeen years of age.
The two exiles arrived at Boston at the close of the summer of 1795, and they immediately sent information of the fact to the president, who was just on the point of leaving Philadelphia for Mount Vernon. Washington's first impulse was to take the young man to his bosom and cherish him as a son; but, as we have observed, grave reasons of state denied him that pleasure. After brief reflection, he sent the letters of the exiles, to Senator Cabot, of Boston, saying:--
"To express all the sensibility which has been excited in my breast by the receipt of young Lafayette's letter, from the recollection of his father's merits, services and sufferings, from my friendship for him, and from my wishes to become a friend and father to his son, is unnecessary."[87] Let me in a few words declare that I will be his friend; but the manner of becoming so, considering the obnoxious light in which his father is viewed by the French government, and my own situation as the executive of the United States, requires more time to consider, in all its relations, than I can bestow on it at present, the letters not having been in my hands more than an hour, and I myself on the point of setting out for Virginia to fetch my family back, whom I left there about the first of August.
"The mode, which at the first view strikes me as the most eligible to answer his purposes and to save appearances, is, first, to administer all the consolation to the young gentleman that he can derive from the most unequivocal assurances of my standing in the place of, and becoming to him, a father, friend, protector, and supporter. But, secondly, for prudential motives, as they relate to myself, his mother and friends whom he has left behind, and to my official character, it would be best not to make these sentiments public; and of course it would be ineligible that he should come to the seat of the general government, where all the foreign characters (particularly those of his own nation) are residents, until it is seen what opinions will be excited by his arrival; especially, too, as I shall be necessarily absent five or six weeks from it, on business in several places. Thirdly, considering how important it is to avoid idleness and dissipation, to improve his mind, and to give him all the advantages which education can bestow, my opinion and my advice to him are, if he is qualified for admission, that he should enter as a student in the university in Cambridge, although it should be for a short time only; the expense of which, as also for every other means for his support, I will pay.... Let me pray you, my dear sir, to impress upon young Lafayette's mind, and indeed upon that of his tutor, that the reasons why I do not urge him to come to me have been frankly related, and that their prudence must appreciate them with caution. My friendship for his father, so far from being diminished, has increased in the ratio of his misfortunes; and my inclination to serve the son will be evidenced by my conduct."
General Knox, then in Boston, took much interest in the young Lafayette. In a letter to Washington, on the twenty-first of September, he said, "He goes by the name of Motier [a family name of his father], concealing his real name, lest some injury should arise to his mother, or to a young Mr. Russell of this town, now in France, who assisted in his escape." Knox spoke of the exile as "a lovely young man, of excellent morals and conduct."
Mr. Cabot readily undertook the duty solicited by Washington. He found Lafayette and his tutor in much perplexity. The attempt at concealment was futile. "Already M. Motier is known to too many persons," wrote Mr. Cabot, "and a public festival announced by the French consul for Monday next, at which all their citizens in this vicinity are expected to attend, occasions serious embarrassments; to which is added, that some circumstances of delicacy relative to the family in which they are placed, make an immediate removal proper." He further informed him that they were about to depart for New York, where they expected to be accommodated in the country-house of a French gentleman, their friend, where they would remain in retirement, until they should receive further directions from Washington. Mr. Cabot gave them letters to Colonel Wadsworth and Colonel Hamilton, and they departed.
In November, soon after his return to Philadelphia, Washington wrote an affectionate letter to young Lafayette, in which, after telling him the causes which rendered it necessary for them both to be circumspect, and desiring him to repair with his tutor to Colonel Hamilton, in the city of New York, who would see that they were well provided for, he said:--
"How long the causes which have withheld you from me may continue, I am not able at this moment to decide; but be assured of my wishes to embrace you, so soon as they shall have ceased, and that, whenever the period arrives, I shall do it with fervency. In the meantime, let me begin with fatherly advice to you to apply closely to your studies, that the season of your youth may be improved to the utmost, that you may be found the deserving son of a meritorious father." To M. Frestel, Washington wrote at the same time, after directing him to read his letter to his pupil: "To the above I shall just add, that, as the preceptor and friend of M. de Lafayette, I pray you to count upon my attentions and friendship, and learn that it is my expectation that you will accompany him in whatever situation he may be placed; and moreover that you will let me know, at all times, what he has occasion for."
The Congress at length took official notice of the presence of the son of Lafayette; and on the eighteenth of March, 1796, the house of representatives passed the following resolution and order:--
"Information having been given to this house that a son of General Lafayette is now within the United States; Resolved, that a committee be appointed to inquire into the truth of the said information, and report thereon; and what measures it would be proper to take if the same be true, to evince the grateful sense entertained by the country for the services of his father.
"Ordered, that Mr. Livingston, Mr. Sherburne, and Mr. Murray, be appointed a committee pursuant to the said resolution."
As chairman of the committee, Mr. Livingston wrote to young Lafayette as follows:--
"SIR: Actuated by motives of gratitude to your father, and eager to seize every opportunity of showing their sense of his important services, the house of representatives have passed the resolution which I have the pleasure to communicate. The committee being directed to inquire into the fact of your arrival within the United States, permit me to advise your immediate appearance at this place, that the legislature of America may no longer be in doubt, whether the son of Lafayette is under their protection, and within the reach of their gratitude.
"I presume to give this advice as an individual personally attached to your father, and very solicitous to be useful to any person in whose happiness he is interested. If I should have that good fortune on this occasion, it will afford me the greatest satisfaction."
This letter, and the resolutions of the house of representatives, young Lafayette forwarded to President Washington, and asked his advice as to the course he should pursue. Washington advised him to come to Philadelphia at the opening of the next session of Congress, occupy a room in his house, but to avoid society as much as possible. He complied, and remained in Philadelphia until the following spring, when Washington, on becoming a private citizen, embraced the son of his friend as if he had been his own child, and bore him to his home on the Potomac. There he remained until early in October, when the joyful news of the release of his father from confinement, and his restoration to his country and friends, caused him to leave for the seaboard to depart for France. He and M. Frestel sailed from New York on the twenty-sixth of October, 1797.
As young Lafayette was about to leave Mount Vernon, Washington placed a letter in his hands for his father, in which he said:--
"From the delicate and responsible situation in which I stood as a public officer, but more especially from a misconception of the manner in which your son had left France, till explained to me in a personal interview with himself, he did not come immediately into my family on his arrival in America, though he was assured, in the first moments of it, of my protection and support. His conduct, since he first set his feet on American ground, has been exemplary in every point of view, such as has gained him the esteem, affection, and confidence of all who have had the pleasure of his acquaintance. His filial affection and duty, and his ardent desire to embrace his parents and sisters in the first moments of their release, would not allow him to wait the authentic account of this much-desired event; but, at the same time that I suggested the propriety of this, I could not withhold my assent to the gratification of his wishes to fly to the arms of those whom he holds most dear, persuaded as he is, from the information he has received, that he shall find you all in Paris.
"M. Frestel has been a true Mentor to George. No parent could have been more attentive to a favorite son; and he richly merits all that can be said of his virtues, of his good sense, and of his prudence. Both your son and he carry with them the vows and regrets of this family and all who know them. And you may be assured that yourself never stood higher in the affections of the people of this country than at the present moment."[88]
FOOTNOTES:
[86] Randall's Life of Jefferson, ii, 268.
[87] The late Richard Rush relates an interesting incident, illustrative of the feelings of Washington on account of the misfortunes of his noble friend. Mr. Bradford, the attorney-general, who lived directly opposite the residence of Washington, was spending an evening with the president, when the conversation reverted to Lafayette. Washington spoke with great seriousness, contrasted the marquis's hitherto splendid career with that of his present forlorn and suffering condition; and at length became so deeply affected that his eyes filled with tears, and his whole great soul was stirred to its very depths. "Magnanimous tears they were," says Mr. Rush, "fit for the first of heroes to shed--virtuous, honorable, sanctified!" Mr. Bradford, who deeply sympathized with the feelings of Washington, was much affected at the spectacle, and, retiring to his own house, wrote some simple and touching verses, called the "Lament of Washington." They were an impromptu effusion from his heart.
[88] See Mount Vernon and its Associations, pages 285-293, inclusive.
Chapter XXXI
WASHINGTON'S SEVENTH ANNUAL MESSAGE--TREATY WITH THE INDIANS--OTHER INDIAN RELATIONS--TREATY WITH ALGIERS--TREATY WITH SPAIN--PICTURE OF NATIONAL PROSPERITY--FORBEARANCE IN CONGRESS RECOMMENDED--RESPONSES TO THE PRESIDENT'S MESSAGE--ACTION OF LEGISLATURES ON THE TREATY--LETTER TO GOUVERNEUR MORRIS--WASHINGTON'S POLITICAL CREED--HE IS PREPARED TO MEET ANY ACTION OF CONGRESS--PRESENTATION OF THE FRENCH FLAG TO THE UNITED STATES--THE FRENCH CONSTITUTION AND THE NATIONAL CONVENTION--ACTION IN CONGRESS CONCERNING THE FRENCH FLAG.
On the eighth of December, 1795, Washington read his seventh annual address to the assembled Congress. It contained a gratifying summary of the events of the year in which his government and country were concerned. He had the pleasure of informing them officially of the "termination of the long, expensive, and distressing war," in which the army had been engaged with the Indians of the Northwest Territory, by the treaty made by Wayne at Grenville, to which we have already alluded. That treaty was doubtless more easily consummated, after Wayne's victories, because of the knowledge that the western posts were about to be given up to the United States. By that treaty, a tract of twenty-five thousand square miles was ceded to the United States, lying in one body east of a defined line, and including the eastern and southern part of the present state of Ohio. They also ceded sixteen detached portions of territory in the region westward of that line, most of them two miles square, but several of them much larger. These included the sites of some of our most flourishing villages and cities in the West. As an equivalent for these cessions, the Indians were to receive goods to the amount of twenty thousand dollars in presents, and an annual allowance of articles to the value of nine thousand, five hundred dollars, to be distributed proportionately among the tribes who were parties to the treaty.
"At the exchange of prisoners which took place on this occasion," (conclusion of the treaty,) says Hildreth, "many affecting incidents occurred. The war as against Kentucky had lasted for almost twenty years, during which period a large number of white people had been carried into captivity. Wives and husbands, parents and children, who had been separated for years, were now restored to each other. Many of the younger captives had quite forgotten their native language, and some of them absolutely refused to leave the savage connections, into whose families they had been taken by adoption."[89]
The Indian relations on the southwestern frontier were not so satisfactory. Former treaties had been confirmed, and there were signs of permanent peace; but the reckless violence of some of the white settlers, in perpetrating bloody outrages upon the Indians, kept that section of the Union in a state of great inquietude.
In his message, the president announced amicable relations with the new emperor of Morocco, who in a letter had certified his recognition of a treaty made with his father. "With peculiar satisfaction I add," said Washington, "that information has been received from an agent deputed on our part to Algiers, importing that the terms of a treaty with the dey and regency of that country had been adjusted, in such a manner as to authorize the expectation of a speedy peace, and the restoration of our unfortunate fellow-citizens from a grievous captivity."
We have already observed the appointment of Colonel Humphreys as the agent to Algiers alluded to. He was then diplomatic agent of the United States at Lisbon. He came home for the special purpose of making arrangements for his negotiation, and returned to Lisbon deputed to purchase a peace of the Barbary powers. From Lisbon, Humphreys proceeded to Paris to confer with Mr. Monroe, and to solicit the mediation of the French government, leaving discretionary powers with Mr. Donaldson, who had accompanied him as consul to Tunis and Tripoli; to conclude a peace upon the best terms to be obtained, when a favorable opportunity should occur. On the fifth of September, 1795, Donaldson signed a treaty, by which, in consideration of the release of the American captives and a guaranty of peace in the future, it was agreed to pay to the dey of Algiers the sum of seven hundred and sixty-three thousand dollars, besides an annual tribute in stores, which, at their real value, amounted to about forty-eight thousand dollars. Besides these sums, a biennial present of nine or ten thousand dollars was required, and twenty thousand more on the appointment of a consul.
The president also announced that Mr. Pinckney, who had been sent on a special mission to Spain concerning the navigation of the Mississippi river, had been successful, the stipulation being that it should be free to both parties throughout its entire length. He believed this would lead the way to the settlement of "a foundation of lasting harmony with a power whose friendship the United States had uniformly and sincerely desired to cultivate."
The treaty which had caused so much commotion throughout the Union was alluded to in a manner almost as if incidental. "Though not before officially disclosed to the house of representatives," the president said, "you, gentlemen, are all apprized that a treaty of amity, commerce, and navigation has been negotiated with Great Britain, and that the senate have advised and consented to its ratification upon a condition which excepts part of one article. Agreeably thereto, and to the best judgment I was able to form of the public interest, after full and mature deliberation, I have added my sanction. The result on the part of his Britannic majesty is unknown. When received, the subject will without delay be placed before Congress."
In contemplation of the general relations of the United States, the president said: "While many of the nations of Europe, with their American dependencies, have been involved in a contest unusually bloody, exhausting, and calamitous, in which the evils of foreign war have been aggravated by domestic convulsion and insurrection, in which many of the arts most useful to society have been exposed to discouragement and decay; in which scarcity of subsistence has embittered other sufferings; while even the anticipations of a return of the blessings of peace and repose are alloyed by the sense of heavy and accumulating burdens, which press upon all the departments of industry, and threaten to clog the future springs of government, our favored country, happy in a striking contrast, has enjoyed general tranquillity--a tranquillity the more satisfactory because maintained at the expense of no duty. Faithful to ourselves, we have violated no obligation to others. Our agriculture, commerce, and manufactures prosper beyond example, the molestations of our trade (to prevent a continuance of which, however, very pointed remonstrances have been made) being overbalanced by the aggregate benefit which derives from a neutral position. Our population advances with a celerity which, exceeding the most sanguine calculations, proportionally augments our strength and resources, and guaranties our future security. Every part of the Union displays indications of rapid and various improvement; and with burdens so light as scarcely to be perceived, with resources fully adequate to our present exigencies, with governments founded on the genuine principles of rational liberty, and with mild and wholesome laws, is it too much to say that our country exhibits a spectacle of national happiness never surpassed, if ever before equalled."
With such a picture before them, a picture faithful and true in form and coloring, how pitiful must have appeared to the wise, and thoughtful, and generous, those miserable party feuds and personal animosities which disturbed the peace of the commonwealth--mere loathsome cobwebs, spun by selfishness, across a piece of gorgeous tapestry--spots upon the sun of a glorious national career!
Foreseeing the heats of party strife in the national legislature, the president, after commending to their consideration several important objects, counselled temperate discussion, "and mutual forbearance where there may be a difference of opinion." This advice, always timely, was especially apposite at that time.
The senate gave a cordial response to the message; but the opposition being in the majority in the lower house, a clause in the response reported by a committee appointed to prepare it, in which was expressed "undiminished confidence" in the president, was objected to. The opposition also desired to strike out from the senate's address the expression of a belief that the president's foreign policy was an "enlightened, firm, and persevering endeavor to preserve peace, freedom, and prosperity." Some members affirmed that their confidence in the president had been very much diminished by "a late transaction" (signing the ratification of Jay's treaty); and that they believed such was the case among the people at large. The address of the representatives was finally, after much debate, recommitted, and the objectionable clause was modified so as to read thus: "In contemplating that spectacle of national happiness which our country exhibits, and of which you, sir, have been pleased to make an interesting summary, permit us to acknowledge and declare the very great share which your zealous and faithful services have contributed to it, and to express the affectionate attachment which we feel for your character."
Already the legislatures of the different states had taken action on the treaty. Governor Shelby, in his message to the legislature of Kentucky, assailed it as containing stipulations that were unconstitutional. The lower house agreed with him, but the senate would not concur. The Virginia house of delegates approved of the action of their senators in voting against the treaty, and rejected a resolution declaring undiminished confidence in the president. The Maryland legislature denounced the assaults on the president, and declared their "unabated reliance on his integrity, judgment, and patriotism." The Pennsylvania senate took similar action; and the legislature of New Hampshire denounced the seditious declaimers against the treaty and the administration. North Carolina would not stand by Virginia in her action; but the South Carolina legislature declared the treaty "highly injurious to the general interests of the United States." The matter was not acted upon by the senate, however, and the subject was not again taken up. The legislature of Delaware approved of the treaty; while Governor Samuel Adams, in his address to the general court of Massachusetts, spoke of the treaty as "pregnant with evil." The Massachusetts senate considered any action on the subject as an interference with the powers delegated to the general government; while the house, by a decided vote, suggested that "respectful submission on the part of the people to the constituted authorities," was "the surest means of enjoying and perpetuating the invaluable blessings of our free and representative government." Rhode Island approved of the action of the senate and the chief magistrate; and in New York, as well as in Rhode Island and Massachusetts, a proposition made by resolutions in the Virginia legislature, that the constitution of the United States should be so amended as to admit the house of representatives to a share in the treaty-making power, and otherwise abridging the powers of the government, was rejected or laid on the table.
The tardiness of the British government in the performance of its acts of justice toward the United States, and the present apparent hesitation in ratifying the treaty, perplexed Washington; for this seeming unfriendliness was used as a weapon by the opposition. Accordingly, toward the close of the year, he attempted to remind that government of its duty, in an unofficial way, through Gouverneur Morris, who, having been succeeded by Mr. Monroe as minister to the French republic, was now in England, and on quite intimate terms with Lord Grenville and other ministers, and members of the privy council. In a letter to Morris, on the twenty-second of December, after giving at much length a narrative of the causes of complaint against the British government, Washington said:--
"I give you these details (and if you should again converse with Lord Grenville on the subject, you are at liberty unofficially to mention them, or any of them, according to circumstances) as evidences of the impolitic conduct of the British government towards these United States, that it may be seen how difficult it has been for the executive, under such an accumulation of irritating circumstances, to maintain the ground of neutrality which had been taken; and at a time when the remembrance of the aid we had received from France in the Revolution was fresh in every mind, and while the partisans of that country were continually contrasting the affections of that people with the unfriendly disposition of the British government. And that, too, as I have observed before, while their own sufferings during the war with the latter had not been forgotten.
"It is well known that peace has been (to borrow a modern phrase) the order of the day with me since the disturbances in Europe first commenced. My policy has been, and will continue to be while I have the honor to remain in the administration, to maintain friendly terms with, but be independent of, all the nations of the earth; to share in the broils of none; to fulfil our own engagements; to supply the wants and be carriers for them all, being thoroughly convinced that it is our policy and interest to do so. Nothing short of self-respect, and that justice which is so essential to a national character, ought to involve us in war; for sure I am, if this country is preserved in tranquillity twenty years longer, it may bid defiance in a just career to any power whatever; such, in that time, will be its population, wealth, and resources....
"In a government as free as ours, where the people are at liberty and will express their sentiments (oftentimes imprudently, and, for want of information, sometimes unjustly), allowances must be made for occasional effervescences; but, after the declaration I have here made of my political creed, you can run no hazard in asserting that the executive branch of this government never has suffered, nor will suffer while I preside, any improper conduct of its officers to escape with impunity, nor give its sanction to any disorderly proceedings of its citizens.
"By a firm adherence to these principles, and to the neutral policy which has been adopted, I have brought on myself a torrent of abuse in the factious papers of this country, and from the enmity of the discontented of all descriptions. But, having no sinister objects in view, I shall not be diverted from my course by these, nor any attempts which are or shall be made to withdraw the confidence of my constituents from me. I have nothing to ask; and, discharging my duty, I have nothing to fear from invective. The acts of my administration will appear when I am no more, and the intelligent and candid part of mankind will not condemn my conduct without recurring to them."
Fortified by such conscious rectitude, Washington was well prepared to meet whatever action the supreme legislature of his country might take concerning the great question at issue.
We have already observed the cordial reception of Mr. Monroe by the French government, and the decree of the National Convention that the respective flags of the American and French republics should be united and suspended in their hall, as a token of eternal friendship between the two nations. Mr. Monroe, it will be remembered, reciprocated this generous feeling, by presenting to the Assembly the flag of the United States. When, afterward, Mr. Adet came to America as the successor of Fauchet, the French minister, he bore a letter from the Committee of Safety to the Congress, and the banner of the French republic for the government of the United States. He arrived in the summer of 1795, when the whole country was in a ferment respecting the treaty with Great Britain; and partly on that account, but chiefly because he supposed his communication on the subject of the flag must be made to the Congress direct, he did not announce to the president that complimentary portion of his mission until late in December. Adet had then been made aware that the presentation of the colors to the government must be made through the president only; and as that presentation would be an occasion for rejoicing, because of a friendly feeling between the two nations, Washington appointed the first of January, 1796--"a day of general joy and congratulation"--as the time when he would receive the token of amity.
The colors of France were presented to the president for his country, together with the letter of the French Committee of Safety to the Congress, at Washington's residence, in the presence of a large number of distinguished characters. Adet, in a speech on the occasion, presented in glowing colors the position of France as the great dispensatory of free opinions in the old world--as "struggling not only for her own liberty, but for that of the human race. Assimilated to, or rather identified with, free people by the form of her government," he said, "she saw in them only friends and brothers. Long accustomed to regard the American people as her most faithful allies, she sought to draw closer the ties already formed in the fields of America, under the auspices of victory, over the ruins of tyranny."
A reply to this address, under the peculiar circumstances in which Washington was placed, required the exercise of much discretion. It was necessary to express generous feelings adapted to the occasion, without the utterance of sentiments, concerning the powers then at war, inconsistent with the position of neutrality which the United States had assumed. The president accordingly said:--
"Born, sir, in a land of liberty; having early learned its value; having engaged in a perilous conflict to defend it; having, in a word, devoted the best years of my life to its permanent establishment in my own country, my anxious recollections, my sympathetic feelings, and my best wishes, are irresistibly attracted wheresoever, in any country, I see an oppressed nation unfurl the banners of freedom. But, above all, the events of the French Revolution have produced the deepest solicitude, as well as the highest admiration. To call your nation brave, were to pronounce but common praise. Wonderful people! Ages to come will read with astonishment the history of your brilliant exploits. I rejoice that the period of your toils and your immense sacrifices is approaching. I rejoice that the interesting revolutionary movements of so many years have issued in the formation of a constitution,[90] designed to give permanency to the great object for which you have contended. I rejoice that liberty, which you have so long embraced with enthusiasm--liberty, of which you have been the invincible defenders--now finds an asylum in the bosom of a regularly organized government; a government which, being formed to secure the happiness of the French people, corresponds with the ardent wishes of my heart, while it gratifies the pride of every citizen of the United States by its resemblance to their own. On these glorious events, accept, sir, my sincere congratulations.
"In delivering to you these sentiments, I express not my own feelings only, but those of my fellow-citizens, in relation to the commencement, the progress, and the issue of the French Revolution; and they will certainly join with me in purest wishes to the Supreme Being, that the citizens of our sister-republic, our magnanimous allies, may soon enjoy in peace that liberty which they have purchased at so great a price, and all the happiness that liberty can bestow.
"I receive, sir, with lively sensibility the symbol of the triumphs and of the enfranchisements of your nation, the colors of France, which you have now presented to the United States. The transaction will be announced to Congress, and the colors will be deposited with the archives of the United States, which are at once the evidence and the memorials of their freedom and independence. May these be perpetual, and may the friendship of the two republics be commensurate with their existence!"
Washington transmitted to Congress the letter from the Committee of Safety, the French colors, and copies of the speeches of Adet and himself at the presentation, on the fourth of January; whereupon, the house of representatives, by resolution, requested the president to make known to the representatives of the French people "the most sincere and lively sensibility" which was excited by this honorable testimony of the existing sympathy and affections of the two republics; that the house rejoiced "in the opportunity thereby afforded to congratulate the French nation upon the brilliant and glorious achievements" which they had accomplished during the present afflictive war; and hoped that those achievements would be attended with a perfect attainment of their object, and "the permanent establishment of the liberty and happiness of a great and magnanimous people."
On the sixth of January, the senate also passed resolutions expressive of the pleasure they felt on the reception of this evidence of the continued friendship of the French republic, and of a desire that the "symbol of the triumphs and enfranchisement of that great people," as expressed by Washington in his reply to the French minister, might contribute to cherish and perpetuate the sincere affection by which the two republics were so happily united. It was at first proposed, in a resolution offered in the senate, that the president should communicate the sentiments of that body to the proper organ of the French government; but this was opposed, because, it was said, the complimentary correspondence between the two nations had reached a point where, if ever, it ought to cease. This amendment was carried by a strict party vote.
FOOTNOTES:
[89] History of the United States, second series, i, 566.
[90] The letter brought by Adet was from the Committee of Safety, which, under the revolutionary system in France, was the department charged with foreign intercourse. After his departure a new order of things was established. On the thirty-first of May, 1795, the revolutionary tribunal was, by a decree of the National Convention, abolished in France. On the twenty-third of June, a committee, appointed for the purpose, presented the draft of a new constitution, modelled in many respects after that of the United States. The reading of it, which occupied several hours, was frequently interrupted by the loudest bursts of applause. At the conclusion, it was decreed that the discussion of the instrument should be opened on the fourth of July. On the sixth of September, the people of France met in primary assemblies for the purpose of accepting or rejecting the new constitution. The armies of the eastern and western Pyrenees accepted it on that day, and so did a great majority of the French nation. The result was announced in the convention on the tenth of September, with information that two thirds of the members of that body had been re-elected. In consequence of that acceptance, a dreadful riot broke out in Paris on the sixth of October, which lasted several days; but the insurgents were finally overpowered by the convention troops. Many persons were slain on both sides, and ringleaders of the riot were soon afterward executed.
The French constitution established an Executive Directory, composed of five members, who ruled in connection with two legislative chambers, called respectively The Council of Ancients, and the Council of Five Hundred. The directory were formally installed at the Luxembourg, in Paris, on the first of November, 1795. On the same day a pen-picture of the convention was published at Paris, signed REAL. "The convention," he said, "has terminated its sittings. Where is the Tacitus who shall write the history of its glorious actions and its abominable excesses? Obscure men, sent to devise laws, have during a dictation of three years displayed an energy, a greatness, and a ferocity, which no longer allow us to envy either the virtues of ancient Rome or the wild atrocities of the first Cesars. Physicians, lawyers, and attorneys' clerks, became suddenly professed legislators, and warriors full of boldness. They have overturned all Europe, and changed its system.
"With a daring hand they have signed the death-warrant of the successor of an hundred kings, and in one day broken the sceptre for which an existence of fourteen centuries had procured a religious and fanatical veneration. On that day they threw down the gauntlet before astonished Europe; and William the Conqueror, when he burnt his fleet, did not place himself with more audaciousness between victory and death. Without money, without credit, without arms, artillery, saltpetre, and armies; betrayed by Dumorier; Valenciennes being taken by the Austrians; Toulon in the hands of the English; the king of Prussia under the walls of Landau, and a country of ninety leagues extent devoured by one hundred and fifty thousand Vendeans, they published a decree, and on a sudden all France became a vast manufactory of arms and saltpetre; one million, four hundred thousand men sprang up ready armed; the king of Prussia was defeated near Landau, the Austrians repulsed near Maubenge, the English routed near Hondschoote, the Vendeans annihilated at Lavenay, and the tri-colored flag was hoisted on the walls of Toulon.
"Their folly disconcerted the wisdom of ancient politics; songs and the charging step defeated the celebrated tactics of the Germans; generals just left the ranks--obscure generals, who but a few months before were simple sergeants--conceived and executed the plan of the campaign of 1795 which will always remain the admiration of military men, and defeated the most celebrated generals, the pupils and companions of the great Frederick. Holland was conquered in January by the inexperienced troops; and what Louis XIV, in the zenith of his glory, did not dare to conceive, the French, by founding a republic, have carried into effect, and planted the tri-colored standard on the banks of the Rhine.
"It is amidst this long tempest, amidst proscriptions and scaffolds, this dreadful convention has opened the road to glory; after having desolated the world, it has exhausted against itself its devouring energy. Two parties, by turns victorious and vanquished, have been sent to the scaffold by a third, which, embracing always the cause of the strongest, preserved itself by sometimes striking against the mountain, sometimes against the plain.
"Voracious men! your pernicious versatility has produced all the evils which have devastated France; your wickedness, which you call wisdom, has overflowed my native land with blood; and posterity will ask, with wonder, 'What was the political opinion of those who condemned Danton, Brissot, Lacroix, and Ducos; who advised with Robespierre and Lanjunais, Billaud de Varennes, and Barrere?' Voracious men! you will be despised by the present generation, and detested by posterity. Convention! the murders and atrocities which thy reign has produced will be handed down to posterity, and will not be credited."
Such was a life-picture, drawn by a master-hand, of the men and the government with whose operations the leaders of a strong party in the United States endeavored with mad zeal, for three years, to involve their own government; a catastrophe prevented only, so far as human agency was concerned, by the fearless courage and profound wisdom of Washington in maintaining neutrality.